LCC Faculty Colleagues,
We are writing with an update regarding the proposed Board policy to restrict speech on campus.
The Chair of the LCC Board of Education indicated in an email to LCCEA officers that the Board may renew its consideration of a speech restriction policy on the premise that the College might be vulnerable if it does not restrict the speech of internal groups such as faculty, LCCEA, and students in the same manner that external groups are restricted in the existing COPPS policy.
OEA-appointed attorney Aruna Masih analyzed the proposed Board policy and the claim that the College must restrict the speech of internal groups in the same manner as as external groups who have no affiliation with Lane Community College. She concludes as follows.
“We write to provide the Association guidance regarding its member speech and organizing rights to allow it to analyze the legality of policies being proposed by the Lane Community College. Of particular interest to the Association at this time is: (1) whether the college is constitutionally required to apply the same time, place, and manner policy restrictions to speech of the Association and students which it applies to the speech of external groups and (2) whether the college may lawfully enact policies restricting the speech and advocacy rights of the Association and its members protected by the Public Employee Collective Bargaining Act (PECBA), ORS 243.650-243.806. The answer to both questions is “no” as explained further below.”
The full memo with complete legal analysis is attached.