6April2016

VIAHARDCOPY

PeterV.Letsou,Dean
TheUniversityofMemphisCecilC.HumphreysSchoolofLaw
1NorthFrontStreet
Memphis,Tenn.38103

RE: ReformingtheUniversityofMemphisCodeofStudentRightsandResponsibilities

DearDeanLetsou:

We leaders and members of the Federalist Society Student Chapter (Student Chapter)
are writing to draw your attention to University of Memphis (the University) policies that, if
reformed, would become more effective at engendering academic freedom across our campus,
while still providing for the safety and welfare of students. The Federalist Society forLawand
Public Policy Studies is a group of conservatives and libertarians interested in thecurrentstate
of the legal order that organizes conservative and libertarian intellectual network[s] on
university campuses to promote individual liberty,traditionalvalues,andtheruleoflaw.1 We
believe that institutions of higher learning are most effective when they reject collectivist
orthodoxy in favor of embracing, fostering, and supporting a vibranteven sometimes
controversialmarketplaceofideas.

Uninhibited creative expression without fear of retribution is a bedrockprincipleofcivil

societyintheUnitedStates. Withthisprinciplein mind,theStudentChapterattheUniversityof
Memphis Cecil C. Humphreys School of Law (School of Law) hosted Foundation for
Individual Rights in Education (FIRE) Legislative and Policy Director Joe Cohn on Tuesday,
September 22, 2015, for a debate with our own Associate Dean for Academic Affairs and
Professor of Law Steven J. Mulroy, entitled Are We Truly Free to Think at School? Student
Censorship in Class and on Campus. By hosting this debate, the Student Chapter sought to
begin adialogwiththeSchoolofLawadministrationnarrowly,theUniversitymorebroadly,and
theTennesseeBoardofRegentsmorebroadlystill,ontheimportanceofacademicfreedom.

Today, we seek changes to official Tennessee Board of Regents and University policies
that impose undue burdens on students that hinder their intellectual development by artificially
diluting the marketplace of ideas. The Student Chapter urges the University to take action to
reform its Code of Student Rights and Responsibilities in ways thatwebelievewillbetterfoster
an open exchange of ideas on campus, thereby improving the quality of education and the
pedigreeoffuturealumni.

In furtherance of its own mission, FIRE undertakes regular reviews of higher education
institutions written campus conduct policies and subsequently rates universities commensurate
1

AboutUs:TheFederalistSociety
,FederalistSocietywebsite(Mar.19,2016),http://www.fedsoc.org/aboutus/.

with the degreetowhichformalpoliciesrestrictformsofspeechthattheFirstAmendmenttothe

United States Constitution protects. As the enclosed memorandum explains, the University has
received a yellowlight rating from FIRE because of six yellowlight policies in the Code of
Student Rights and Responsibilities2, vague and overbroad policies that could police otherwise
protected expression, and expose students to arbitrary enforcementand possiblytoabuse. Since
safeguarding the rights of all students is a top priority for the University, we hope that youfind
theenclosedmemorandumbothinformativeandconstructive.

The Student Chapter concurs in FIREs analysis and recommendations because of our
commitment to the principles of free association and expression enshrined in the Bill of Rights
that the Supreme Court of the United States has routinely upheld and applied in the nations
history. We are eager to work with students, faculty, staff, and administrators at the School of
Law, and across the University more broadly, to bring about necessary reforms that we believe
will enrich our learning environment. We remain committed to supporting the University
community in its discharge of its moral and legal duties as a public institution to safeguard the
fundamental principlethatthefreeexchangeofideasis anecessaryprerequisiteforbothlearning
and themaintenance ofafreeandcivilsociety. Atyourconvenience,pleaseletusknowhowwe
canassistincarryingthisvisionforward.Thankyou.

Sincerely,

/s/HunterYoches
President,FederalistSocietyStudentChapter
JurisDoctorCandidate,Classof2017
TheUniversityofMemphisCecilC.HumphreysSchoolofLaw

/s/TaraBrown
Secretary,FederalistSocietyStudentChapter
JurisDoctorCandidate,Classof2017
TheUniversityofMemphisCecilC.HumphreysSchoolofLaw

/s/GeorgeS.ScovilleIII
Member,FederalistSocietyStudentChapter
JurisDoctorCandidate,Classof2018
TheUniversityofMemphisCecilC.HumphreysSchoolofLaw

TheUniversityofMemphis,
CodeofStudentRightsandResponsibilities
,UniversityofMemphiswebsite(Mar.
19,2016),http://www.memphis.edu/studentconduct/pdfs/csrr.pdf.