• Tuesday, May 29, 2012
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Arkansas-Fayetteville Shifts Policy on Outsiders' Use of Facilities

The University of Arkansas at Fayetteville has changed its policy on outside groups’ use of campus facilities in response to a court ruling in April that found part of the policy unconstitutional. In keeping with the policy shift, the university will not appeal that decision, which was issued by a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit.

The new policy largely lifts a five-day cap on the number of permits that outside groups may obtain each semester to use university facilities to hold events. The court said such a cap violated the groups’ free-speech rights. Under the new policy, issued in May but publicized today by the Student Press Law Center, outside groups can reserve facilities in excess of five times per semester if no other outside group has already asked to use them.

The federal appeals court upheld other elements of the use policy, including a requirement that outside groups get permits first and a ban on outsiders’ holding events during final exams. The appellate court heard arguments in the case after a federal district court dismissed the case on the grounds that, as a nonpublic forum, the university was within its rights to limit outsiders’ use of the campus. The appeals court rejected that analysis, calling the university a haven for the “free exchange of ideas.”

The lawsuit was filed by Gary Bowman, a preacher who sought frequent access to the campus in order to castigate students for what he described as their sinful lifestyles and viewpoints, including feminism and gay rights.