Check this out- Adam Kissel from the Foundation for Individual Rights in Education has released this handy guide for people interested in hosting a Constitution Day (Facebook event link) on their campuses! This is a great opportunity for interested students to work with organizations on their campuses, get administration support, and defend one of the great historical traditions and foundations for our nation. Please feel free to pass this along to your friends and other interested college students- get out there and show your support!
Constitution Day on College and University Campuses
Adam Kissel
Director, Individual Rights Defense Program
Foundation for Individual Rights in Education (FIRE)
U.S.C. 36, § 106, designates September 17 of each year as “Constitution Day and Citizenship Day,” as follows:
(a) Designation.— September 17 is designated as Constitution Day and Citizenship Day.
(b) Purpose.— Constitution Day and Citizenship Day commemorate the formation and signing on September 17, 1787, of the Constitution and recognize all who, by coming of age or by naturalization, have become citizens.
(c) Proclamation.— The President may issue each year a proclamation calling on United States Government officials to display the flag of the United States on all Government buildings on Constitution Day and Citizenship Day and inviting the people of the United States
(d) State and Local Observances.— The civil and educational authorities of States, counties, cities, and towns are urged to make plans for the proper observance of Constitution Day and Citizenship Day and for the complete instruction of citizens in their responsibilities and opportunities as citizens of the United States and of the State and locality in which they reside.
As of Dec. 8, 2004, Public Law 108-447 requires that “Each educational institution that receives Federal funds for a fiscal year shall hold an educational program on the United States Constitution on September 17 of such year for the students served by the educational institution.” http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_public_laws&docid=f:publ447.108.
The Department of Education has added that “when September 17 falls on a Saturday, Sunday, or holiday, Constitution Day shall be held during the preceding or following week.” http://www.ed.gov/legislation/FedRegister/other/2005-2/052405b.html.
The Department of Education also notes that the law “does not authorize funds to carry out this requirement” (id.). Any “educational program on the United States Constitution ... for the students” will do.
Student-Led Events on Constitution Day and Citizenship Day
Although the law requires educational institutions to hold these educational programs for their students, the law does not require students to attend. Any institution might, however, choose to make attendance mandatory.
Students remain free, on Constitution Day and Citizenship Day just as on any day, to hold their own events, even at the same time as the official event held by their institution. Student events may be pro-Constitution or anti-Constitution, and they may explicitly dissent from the teachings of the official institutional event.
At all public institutions, and the vast majority of private ones, students should expect full rights of freedom of expression and assembly. Even so, students who organize events must follow the institution’s published rules, normally in a Code of Student Conduct or Student Handbook, regarding the kinds of events they choose to hold. For example, handing out flyers, hosting speakers, and holding rallies involve different exercises of freedom of speech and are regulated differently. Please consult FIRE’s Guide to Free Speech on Campus at http://thefire.org/article/5063.html to help you understand your rights.
A school’s regulations are sometimes unconstitutional, in the case of public colleges and universities, or are violations of schools’ moral and contractual obligations of freedom of speech and assembly, in the case of private colleges and universities. (A very small number of private institutions do not offer freedom of speech and assembly, however, as is their right.) Please consult FIRE’s speech code database at http://thefire.org/spotlight to help determine whether your school is bound to respect freedom of speech and assembly by either the Constitution or its own promises.
One commonly unconstitutional policy is a restriction of certain expressive activity (including protests and rallies) to only one or two specific areas of campus. Such “free speech zone” policies make the rest of campus a “censorship zone.”
If you believe that your event will constitute protected expression, but are concerned that your school’s policies prohibit it, please contact FIRE immediately at fire@thefire.org or 215-717-3473.
On the Day of Your Event: Constitution Day and Citizenship Day
If you are concerned that your institution might try to interfere with your event or force you to move it to a different location, consider following these steps:
(1) Consult your Code of Student Conduct and/or Student Handbook to make sure you know the applicable regulations. Take a copy with you to the event.
(2) Bring a recording device (preferably with video) and be ready to record as soon as you see an administrator or police officer approaching.
(3) The day of an event is usually not the best time to challenge a policy that is unconstitutional or that unduly restricts the expression in which you wish to engage. If it seems to you that your expression is being unduly restricted, try to explain your position to the person who is restricting you, and ask for a few minutes to contact FIRE (215-717-3473). Even if you think you are right, normally you should follow the orders of administrators and police now, then file complaints later. As soon as possible afterward, record in writing the details of exactly what happened and what was said.
(4) Have the numbers of the Dean of Students and the Office of Legal Counsel handy. Sometimes lower-level administrators misinterpret regulations but can be quickly overruled with one phone call.
(5) FIRE cannot provide legal advice, so if you believe you might need the advice of a lawyer, have your lawyer’s phone number handy, and make sure your lawyer will be available to receive your call.
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