MARYLAND -- The University of Maryland's Board of Regents has
decided not to implement a proposed "porn policy" that
would have required films screened on campus for entertainment purposes to have
an educational element.
The policy, originally requested by Maryland state senator Andy Harris,
R-Baltimore County, as a response to a planned screening of a pornographic film
on campus, sparked months of debate about First Amendment rights on
campus.
"The students couldn't be happier," said Sarah Elfreth, appointed student member of the University of Maryland system Board of
Regents. "We really feel like this is a victory for free
speech."
Pirates II: Stagnetti's Revenge, a self-described XXX-rated
film, was going to be shown on Saturday, April 4 in the school's student
union theater. The initial screening was cancelled, and portions of it were
shown April 6, accompanied by a discussion of the importance of free
speech.
After the initial screening was cancelled, Senator Harris asked the
Board of Regents to create the policy, and threatened to withhold funding from
the school system if a policy was not implemented.
The Board of Regents, with the assistance of Robert O'Neil, former
director of the Thomas Jefferson Center for the Protection of Free Expression,
worked to create a draft policy that would require any film shown on campus for
entertainment purposes to include an "educational component,"
Elfreth said.
"Even with the best constitutional policy we could create, we
couldn't guarantee it would be held up in court," she said.
"And really it wasn't a good policy because of the administrative
burdens it would create. It's too ambiguous. We would have to have an
administrator who could screen all films shown on campus and come up with an
educational component."
Elfreth said students, faculty members and administrators were all unhappy
with the proposed policy.
"What the board said [Wednesday] is that we're going to follow
the laws of the land," she said.
Elfreth said she is glad the wisdom and experience of the administrators
and members of the board of regents led them to the decision not to implement a
porn policy.
"We know what we're talking about more than the state
legislature," she said. "I don't go in to Andy Harris'
operating room and tell him how to operate."
Harris, who is a physician,, was unavailable for comment at the time of publication.
Adam Goldstein, attorney advocate for the Student Press Law Center, said he
is not surprised there was no policy implemented.
"I think the outcome for this was pretty obvious," Goldstein
said. "It was an attempt to prohibit the viewing of legal, expressive
material."
He said colleges are precisely where expressive material should be
protected.
"It may well be that porn is fringe content, but a college campus is
exactly the right place for fringe content to be shown," he said.
By Michael Edwards, SPLC staff writer