Hosty case could have affected concert choice

Editors note: This is the last of a two-part series looking at the effects of a school newspaper censorship case at Governors State University

What if the administration had the power to cancel the Counting Crows and Dave Chappelle concerts before the first contract had ever been signed?

Luckily, for more than 4,000 ticket holders, the administration does not wield power to call off concerts. But a lawsuit dealing with the censorship of a college newspaper could have changed that.

The lawsuit, Hosty v. Carter heard by the 7th U.S. Circuit Court of Appeals in Chicago, was filed because Governors State University censored its student newspaper, the Innovator. The judges unanimously ruled in favor of the three journalists last week, but a different verdict could have granted public universities in Illinois, Indiana and Wisconsin the power to censor college campus freedom of speech rights.

The resulting precedent would have given universities control to censor newspapers and First Amendment rights, such as what bands and speakers are brought to campus.

Foreseeing a possible conflict, Marty Ruhaak, student executive vice president, wrote a referendum seeking First Amendment legislative protection. The bill was proposed Jan. 29 and was passed by Student Senate the following day. Ruhaak said he showed the legislation to Vice President for Student Affairs Shirley Stewart, who advised the bill be passed to the Board of Trustees for board regulation or internal governing policy.

“The administration at this present time has not done anything that would make us wonder that (censorship) could happen,” Ruhaak said. “But this administration will not always be in place.

“This is really for the future, not the present.”

Blair Lord, vice president for academic affairs, said in a Jan. 14 article in The Daily Eastern News that censorship had never come up in administrative meetings.

Alison Mormino, student body president, said she is confident BOT will pass Ruhaak’s First Amendment legislation.

“Our administration, our BOT is more than willing to consider student opinion on everything, especially on current events,” she said.

Representatives from campus organizations and subcommittees that would have been affected by administrative censorship, said relationships with the university are good in the area.

John T. Oertling, chair of the department of theater arts, said his department censors itself when it selects a play. If a play were to have questionable content, Oertling said it would be noted in advertising thus giving people a choice.

“We operate as an entity within the university, and they have never, to my knowledge, never interfered with anything we’ve done in terms of selecting plays,” he said.

The University Board also censors its own programs, but Stewart and Director of Student Life Cecilia Brinker must give the OK for contracts and advertisements as supervisors.

Stewart said the gesture of signing the contract is of “courtesy,” but admitted she does not weigh in on concerts where the audience will be of predominantly college age. She does, however, make suggestions for the Family Weekend because the majority of the purchased tickets are from parents and grandparents.

UB Chair Caleb Judy said he has not run into any problems.

“If something ever came up, we would of course fight for it,” he said. “The things that have been quasi-controversial the administration has been receptive to.”

But what if something extremely controversial were to arise, such as an Eminem concert or something even more risque?

“If a random student comes up and said they wanted us to bring Marilyn Manson,” Judy said. “The first thing we would look at wouldn’t be if it were controversial; we would look at if it would be financially feasible and if we could sell enough tickets to justify brining the show.”

Melissa Burke-Huston, lectures coordinator for the UB, said she has followed Hosty and isn’t convinced the university would not use censorship powers if a precedent was set.

“If they had power, they would probably use it,” she said. “It would be hard if they got that much power not to use it a little bit.”