Scuffle raises questions about banning individuals from campus events
Professor Ward Churchill’s temporary return to CU Tuesday evening came with his usual dose of controversy.
Heath Urie and Joshua Lawton, a reporter and photographer from The Daily Camera, have filed a police report against two of the event’s organizers after they say they were physically removed from the classroom.
“We’re gonna let the police report speak for itself,” Urie said when asked to comment on the incident.
CUPD is currently investigating Urie’s allegations, but no charges have been filed.
Benjamin Whitmer, an instructor for the ethnic studies department and one of the organizers accused by Urie and Lawton, posted a scathing review of Urie’s story on his, blog, calling Urie’s accusations an “elaborate fantasy.”
“Mr. Lawton and Mr. Urie, were confrontational from the get go,” Whitmer wrote. He goes on to say they were waiting outside the classroom, and immediately jumped in Professor Churchill’s face as he arrived for class. Whitmer allegedly told them several times he had no comment for them. They then asked if they could attend the class, and were told no,” Whitmer wrote.
CUPD detective Brian Jordan said Whitmer’s as-of-yet-unnamed fellow organizer is the primary suspect.
“The initial report may be third-degree assault, or it may be harassment,” Jordan said.
Both charges are misdemeanor offenses carrying minimal penalties, possibly community service or probation.
Jordan believes that Whitmer’s blog is not an accurate account of the events.
“This is a pretty extreme perspective. The two event organizers overreacted,” Jordan said.
Matt Sebastian, the Camera’s City Editor, released a statement via e-mail this afternoon defending Urie and Lawton’s actions. It reads as follows:
“We believe that our reporter, Heath Urie, acted ethically and responsibly while covering Ward Churchill’s class (Tuesday) night. He simply was attempting to ascertain why another news organization, the Campus Press, was allowed to have reporters and a photographer in the class, while all others were excluded. We fully support a journalist’s right to do his job without being physically harmed for asking a simple question.”
Whitmer maintained that the organizers were free to prevent anyone they wished from entering the class because it was a private function.
“As Churchill’s syllabus made very clear, the class ain’t a media event. That said, an exception was made for two members of the CU student press. They’re students, and they still have the opportunity to set right their lives, and pursue an honest profession,” Whitmer wrote.
The incident raises several questions about who can and cannot be allowed into on campus events. The class has not been sanctioned by the university and was organized entirely by students.
According to Whitmer, this gives them the right to ban anyone they wish from attending.
“This was a student-organized event, and the student-organizers didn’t want ’em there,” Whitmer wrote.
On the other hand, campus facilities are funded publicly by the state, which might make the class a public event that all reporters should be allowed to observe.
Richard Collins, a law professor at CU, disagrees with this notion.
“It’s fairly common in discourse that private people are subject to the First Amendment. They’re not,” he said.
Collins did suggest that some states may have statutes that forbid secret meetings in any form, such as the Sunshine Law in Colorado, but that these laws typically do not apply to students.
“I’d be startled if students were subject to Sunshine,” Collins said.
Professor Churchill was not available for comment.
Contact Campus Press Staff Writer Rob Ryan at rob.ryan@thecampuspress.com
