CMU courts free-speech problem by charging right-wing group for David Horowitz security

Central Michigan University (CMU) may find itself in court over a decision to charge a conservative student group for security at an event that featured a speech by David Horowitz.

The controversy involves Dennis Lennox, a CMU student who is also running for Drain Commissioner in Cheboygan County. He has been the focus of much attention on the CMU campus due to his actions in opposition to CMU Prof. Gary Peters, who is running for Congress, and for the university’s reaction to his actions.

Lennox and Campus Conservatives, the Young Americans for Freedom (YAF) chapter at CMU, invited David Horowitz, a prominent right-wing activist, to speak at the university Oct. 14. A few days before the event, the group was notified that it would have to pay $220 for two uniformed police officers to provide security for the event.

The Foundation for Individual Rights in Education (FIRE) sent a letter to CMU the next day demanding that those fees be dropped, noting that the university had not previously charged for security at other events sponsored by the same group, nor to their knowledge had other groups been charged for security for campus events. That letter argues that such inequity is unconstitutional:

FIRE is unaware of any CMU policy requiring student groups to pay for security, nor do reports of past practice indicate that CMU has such a policy. It is therefore unclear why CMU has decided to charge YAF for security now. Perhaps the most likely explanation is that David Horowitz has a reputation as a controversial speaker and often provokes strong reactions from those that disagree with his political views.

However, any requirement that student organizations hosting controversial events pay for extra security is clearly unconstitutional, as it affixes a price tag to events based upon their expressive content. … In the interest of preserving content-neutrality in determining fees for campus events, CMU cannot and must not force student groups to pay more money for security protection because the event is controversial and others in the community might be offended and become violent.

The day before the event, CMU President Michael Rao responded to FIRE and said that since the event was to take place so soon, they would agree to provide the security but that the university would “continue to review its history of whether sponsoring organizations were charged for security provided in similar situations.” Rao added that CMU “reserves the right to charge Campus Conservatives, if it is deemed appropriate and is consistent with past practice.”

The CMU student newspaper reports that the university has now decided that it will charge the group for the security details. According to the article, Lennox and Campus Conservatives are refusing to pay the fee and are considering legal action.