The News Desk March 11
Welcome to the News Desk! This week, we're focusing on a topic that is always relevant, no matter what the current headlines say: communication law. I talked to professor Lola Burnham, who teaches communication law, about laws surrounding free speech and media which everyone should know, especially those which apply to events and issues here at Eastern.
On the podcast, I have a whopping three guests: editor-in-chief Corryn Brock, news editor Madelyn Kidd and assistant photo editor Rob Le Cates each had the opportunity to spend a day with police or paramedics and firefighters on Saturday. They'll tell me about their experiences of covering the events of Unofficial from the perspective of the people they rode along with.
I won't be putting out a newsletter next week; everybody enjoy spring break!
Do photographers need my consent to take my picture?
In public spaces, no. Anyone can be photographed or videotaped without their permission. That includes things like parks, streets and most of campus. It also stretches to anything that is visible from a public space, such as someone's yard. Basically, the only limit is what someone could reasonably see with their eyes. The photographer must still follow other laws, obviously, so they can't trespass to get a closer shot.
Audio is a bit stricter in Illinois. If someone is just recording general noise in a public place and not honing in on an individual speaker or conversation, they don't need consent. However, if they are recording an individual or conversation, they must have consent.
To be clear, this does apply to children in public spaces. Photographers probably should speak to parents before taking pictures of their kids in order to make everyone more comfortable, but they aren't legally required to.
What are protesters allowed to do?
Protests must still follow all applicable laws. Keep in mind though, if a city requires permits for gatherings and parades, it must apply those requirements equally to all parties. Gatherings cannot be allowed or disallowed based on the beliefs and speech of those involved. Members of those gatherings must obey reasonable requests from the police- for example, if they are asked to disperse after a rally escalates to a fight.
Protesters are still expected to follow other laws about property damage and things like that, too, though many know that and purposely break those laws as an aspect of protest.
The idea of "if one group can do it, all groups can do it" also applies to things like the "We Are EIU Flagpole" on Eastern's campus. Current bylaws state that groups can be stopped from flying a flag there based on content, but since Eastern is a public university, that may not hold up if challenged in court.
Speaking of flags...
Can someone burn the American flag?
Short answer: yes! Burning the flag is a form of symbolic speech and is thus protected by the First Amendment. If someone is going to do this, they probably should clarify their message first; people have lots of reasons to show dislike for the American government which may be completely at odds with each other.
Can people put offensive fliers on cars?
As much as many people don't like it, the only real crime committed by the people spreading hateful fliers around on campus is probably littering. Free speech laws extend to the written word.
Burnham pointed out that this doesn't mean we have to just shrug our shoulders when that happens, though. Anyone can counter that speech with their own messaging. Burnham said that this would be the opportunity for people to "come together as a community to get our viewpoint out that (that content) is reprehensible."
What are the limits on foul language?
For the average person who isn't on television, cursing is pretty much always allowed. This question seems to come up in reference to political signs a lot as people proclaim "F**K WHICHEVER POLITICIAN IS IN OFFICE AT THIS MOMENT." These are further good examples of speech which is allowed even though it may be distasteful to many people.
To sum up why this is allowed: If you don't like certain speech, you are completely able to stop listening or stop reading. Just turn and walk away. This also applies to social media posts.
It ALSO applies to campus visits from people like Brother Jed and Sister Cindy. If you make the choice to engage in counter-speech and argue with their statements, fine. However, Eastern is a public university and thus they may exercise free speech.
Catch up on this week's news:
Unofficial happened and we got some great news coverage and photos from the editors who covered the parties.
Administration wants you to get tested for COVID after break, but isn't requiring it.
The Reminders performed at Doudna on Thursday; the artists said they hope to encourage student artists.
Tune in to the podcast to hear first-hand accounts about covering Unofficial this year... and the aftermath.
