The Wyoming Union’s tabling policy has been a frequent subject of discussion on the University of Wyoming campus since Todd Schmidt, of the Laramie Faith Community Church, used a transgender student’s full name on a poster while tabling on Dec. 2.
As Ryan O’Neil, Dean of Student Affairs, eventually asked the individual to remove the student’s name, questions were raised regarding the extent of Schmidt’s First Amendment rights.
Schmidt originally did not comply with the request, but took down the student’s name after university officials informed him that including it violated Union policy.
On Dec. 7th, after dissatisfaction with the initial response and large scale student outcry, the UW President’s Office published their official review.
“We have determined that these actions violated the university policy prohibiting discrimination and harassment,” the statement read. “Given this, the individual’s privileges to reserve a table in the Union have been suspended for one year.”
Schmidt disagreed with this outcome as he believes there was no harassment that took place on his part by displaying the student’s name.
“I have freedom of speech. I simply said that [UW student name] is a male. Okay. There’s no harassment. There’s no bullying. There’s no slander. There’s no threatening in that at all,” Schmidt said. “And for me to simply state that he’s a male, a biological fact. That also violates my freedom of religion.”
Stephen Feldman, Jerry W. Housel/Carl F. Arnold Distinguished Professor of Law and Adjunct Professor of political science, explained that there are limitations to an individual’s First Amendment rights. In many cases, hate speech is not protected under the First Amendment.
“I do not intend my definition to be comprehensive, but I would include the following: Expression that targets, denounces, threatens, intimidates, abuses, or discriminates against particular societal groups that have been historically subordinated or disadvantaged for illegitimate reasons, and expression that targets, denounces, or discriminates against individuals within those societal groups.”
Feldman voiced that, in his professional opinion, Schmidt’s comments should be considered hate speech as “his expression targeted and denounced a member of the LGBTQ+ community,” and is therefore not protected under the First Amendment.
Social media was pivotal in developing the conversation around the incident.
The UW Instagram recently posted the UW President’s Office’s statement which banned Schmidt from tabling at the Union. Although the UW Instagram’s administrators have attempted to remove comments that may be considered hateful, comments have targeted and threatened Schmidt.
“I never really wanted all this conflict. I knew there would be some pushback, but I didn’t expect it, and maybe I should have to this scale,” said Schmidt. “There was veiled threats in there to my children, one person named five of my children on there, and I guess that’s okay for them to do it.”
Schmidt expressed that he feels the university has been hypocritical, while still advocating his belief that his actions were not harassment.
“It’s absolutely not true that I harassed this guy. How did I harass him? I don’t even know, I’ve never met him. Just because I said he’s a male.”
Bruce T. Moats, a media law, civil rights, and personal injury lawyer in Cheyenne, Wyoming clarified that the main issue was that Schmidt directly targeted one specific member of a marginalized community.
“I think that’s the case and if this has happened, eliminating the name and still allowing them to express his viewpoint about this particular issue, could very well fall within the rights of the university,” said Moats.
“And I think one that he would be asked if this thing went before a judge, why did you include the name, why was it necessary to get your mission across?”
Jacquelyn L. Bridgeman, Kepler Professor of Law & Director, School of Culture, Gender & Social Justice, told the Branding Iron that the discussion should not revolve around Schmidt’s First Amendment rights, but rather take a more objective view.
“I think it’s really complicated, but it’s not just his free speech rights that matters. There’s a lot of potential rights here. And I think the university has to draw a line that tries to accommodate all of those rights,” Bridgeman said.
Bridgeman further explained that the University had an obligation to act, and was well within its rights to ban Schmidt from tabling at the Union.
“I think there’s a real strong set of laws that protect students from the kind of behavior that happened, and that requires schools to provide that protection, and to prevent discrimination, and to address it when it happens,” Bridgeman said.
“To the extent that’s characterized as harassment, the law’s pretty clear, you have to stop it and you’d have to do something to effectively stop it. I think banning [Schmidt] counts, so when you look at it from an anti-discrimination perspective, I think, they almost had to do that. They had to do something. They couldn’t let him come in there and keep doing that to students.”
The Wyoming Union Policies and Operating Procedures and Reservation Policies FY 2023 defines multiple university policies that Schmidt violated.
Article 2, Section 2, subsection 4 reads, “requests may be denied for reasons which include, but may not be limited to, conflict with the mission of the University, conflict with the mission of the Wyoming Union, unfeasible.”
Article 2, Section 5b, Subsection 14 reads “tabling may be unavailable or suspended due to health and safety concerns.”
Article 2, Section 5b, subsection 15 reads, “the Union Breezeway tabling will be maintained as a safe and non-threatening environment for student organizations, university departments, university organizations, outside entities sponsored by one of the previous groups listed, local merchants, vendors, and/or non-profits. Language or actions that discriminate or harass the above groups will not be tolerated. Students are expected to recognize that respecting the dignity of every person is essential for creating and sustaining a flourishing University community. Students should act to discourage and challenge those whose actions may be harmful to and/or diminish the worth of others, in accordance with the Student Code of Conduct. All individuals tabling, whether UW affiliated or not, are expected to bring their views in a respectful and civil manner.”
Despite the Wyoming Union Policies and Operating Procedures and Reservation Policies FY 2023 labeling exact guidelines and proclamations, Schmidt stated that he still believes bias motivated the Union banning.
“So, you know, this seems pretty one sided. To me, it’s not right. It’s not fair. My freedom of speech is protected, no matter what, I can call [UW student name] something worse, which I’m not going to do but that’s still freedom of speech,” said Schmidt.
