A Kansas university threatens a student — and everyone’s right to free speech

A student journalist at Haskell Indian Nations University in Lawrence recently received a disturbing letter from the school’s president, Ronald Graham.

Jared Nally, the editor of Haskell’s newspaper, the Indian Leader, had worked on stories involving the university, including the census, student fees and the recent death of a food service worker at the university.

Nally was asking questions, which is what reporters do. He was also talking publicly, which is what citizens do. Graham was having none of it.

“Your behavior has discredited you and this university,” Haskell’s president wrote to Nally. “You will NOT: attack any student, faculty or staff member with letters or in public, or any public forum,” he ordered.

Nally was prohibited from “making demands” of any government agency or Haskell while representing the newspaper, Graham continued. He couldn’t record conversations with Haskell officials without the other party’s consent, despite a Kansas law allowing him to do so.

“Failure to do so, may result in disciplinary action,” Graham wrote.

Existence of the three-page directive soon became public, and for good reason: It was a breathtaking violation of Nally’s rights and the First Amendment, and has done serious damage to Haskell’s reputation.

This isn’t a matter of obscenity, or defamation, or an incitement to violence. Nally’s stories, his pursuit of them, and his other statements all appear fully protected by law.

Three press-related groups wrote Graham, decrying the “wildly unconstitutional” directive and demanding that he rescind the letter. Other journalists reached out to Nally, who said Thursday that he was “amazingly gratified” by the support he’s received.

“Student newspapers are really important because they balance out the power dynamic the administration — and the university — has over students,” he said. Along with other campus-based organizations, “students have a voice in holding a university accountable,” he said.

Nally’s statements aren’t limited to his work as a reporter and editor. He has also made statements as an individual, which are also protected speech.

Students don’t surrender their constitutional rights when they enroll at a university. Graham, who did not respond to a request for comment, seems unaware of that fact.

“Because Nally’s right to criticize is protected by the First Amendment, you may not punish him for doing so,” the press groups wrote Graham.

Nally’s free speech rights are especially important at a school like Haskell, a federally-supported university that was founded to serve and educate Native Americans. It remains beyond belief that schools that teach the Constitution routinely violate it when free speech rights are involved.

University of Missouri system president Mun Choi did that in September when he blocked student journalists from his Twitter account and said he was concerned about public dissent from university employees. Graham has done that now.

The Bureau of Indian Education will investigate Nally’s case. Relevant congressional committees may also want to get involved. In 1989, the school signed an agreement specifically protecting the independence of the student newspaper — an agreement that must now be reviewed and strengthened if needed.

An apology is in order, too, along with a promise to allow all students at Haskell to speak freely, without intimidation or interference.

It’s easy to grow weary of disputes such as this. But the right to speak freely is the air that Americans breathe every day. Any threat to that right must be resisted, or we will suffocate.

Jared Nally, a journalist, has spoken out. We should all support his work.

This story was originally published October 30, 2020 at 5:00 AM.