Hilo students defend right to free speech

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Two University of Hawaii at Hilo students are being called the "champions of freedom" for their efforts to protect First Amendment rights on campus.

Merritt Burch, 19, and Anthony Vizzone, 20, sued university administrators in a federal court case earlier this year. The lawsuit came after university officials attempted to stop Burch from handing out copies of the U.S. Constitution to other students on the campus mall. Another official also told both that their protest against the National Security Agency had to be held in a designated "free speech zone."

In January, when the club, Young Americans for Liberty, participated in the university’s annual involvement fair, a university official approached Burch while she was handing out copies of a pocketbook-sized Constitution. At the time the student handbook restricted solicitation.

"I told her this is different," Burch said. "We have a constitutional right to hand out these documents because it’s freedom of speech and it’s the First Amendment."

Vizzone, a fellow YAL member, said the other incident occurred during an orientation session following the fair.

"They were telling us stuff like we can and can’t do this. A lady asked us what events we were planning. We said we were planning to protest the National Security Agency, and apparently it was somewhat controversial so we had to bring it in the so-called ‘free speech zone,’" he said.

Burch said that area covered less than 1 percent of the campus. She added that when she told the administrator about the protest, the official’s response was, "People can’t protest like that anymore. It isn’t the ’60s."

Eventually Vizzone and Burch filed the claim and were assisted by the Foundation for Individual Rights in Education and a firm in Washington, D.C.

The students argued that their First Amendment rights of free speech were being violated; and a judge agreed.

The court case set a legal precedent for several universities across the nation contending with similar matters.

And as part of the settlement, the university now allows free speech and the distribution of literature anywhere that’s open to students and the community without requiring students to seek permission first. Previously, any protest had to be approved beforehand by the university.

Their victory in court has Hawaii resident Richard Morse describing the two as the "champions of freedom."

"They weren’t afraid to challenge authorities when they knew they were in the right," he said.

Vizzone said he believes it was necessary to challenge the university because freedom of speech is important.

"I believe that everyone should be entitled to their own opinions. The First Amendment is all about speaking your mind. I’m all for any sort of freedom related to letting people speak out," he said.

Burch also believes in the importance of protecting freedom of speech rights.

"I think it’s important for people to hear out other people’s opinions. … If you’re only thinking … what you think is right all the time, you never get exposed to things that could potentially change the way you look at life," she said.

Burch studies cellular molecular biology at UH-Hilo, and Vizzone is majoring in computer science.