Carolina Housing, RHA Allegedly Violate First Amendment

Written by Hunter Klosty

The Carolina Review has uncovered a series of policies and guidelines by UNC’s Residence Hall Association, the body tasked with organizing social and educational events in dormitories across campus. This is allegedly a direct violation of student’s First Amendment rights. The RHA, unlike other student organizations, receives direct funding from the university through mandatory student housing fees and other funds derived from contracts between Carolina Housing and private vendors. Additionally, Carolina Housing employees work directly with the organization.

The specific by-law that causes a potential threat to the First Amendment rights of students who volunteer for the organization is Article VII, Section 6, Subsection D which bans “harmful rhetoric” and “hate speech.” While both are never defined, the by-law says examples of such speech include “…Islamophobia, homophobia, transphobia, misogyny, racism, colorism, texturism, classism, fatphobia, and other forms of prejudice.” The policy also bans “verbal violence” and “harassment or bullying.” These too are never defined. Students who are found to engage in this sort of speech, either at an RHA-sponsored event or “elsewhere in the community” are subject to sanctions determined by the Executive Board. Section 4 of the same Article says sanctions include, but are not limited to, removal, probation, suspension, loss of university office space, and the banning from being elected to and holding RHA office. This policy was “adapted from the Black Student Movement’s 2020 Membership Standards,” according to the by-law.

Eric Sell, a free speech attorney for the Center for American Liberty called the policy “totally unconstitutional” and that it was just “a license for whoever’s making the decisions about these ethics complaints to discipline people they disagree with.” He argued that as a group that receives direct funding from Carolina Housing, students have a right to run for election and hold office if they are voted in by residents or appointed a governor of a community. Sell also said the university has opened themselves up for lawsuits by allowing this policy to stand. 

The Review reached out to Carolina Housing Director Allan Blattner for comment. He forwarded our request to a representative, who told us “the University is committed to providing an inclusive and flourishing environment for free speech and expression,” but that RHA was a student organization which was “free to make decisions it feels are in the best interest of the organization and the students in their communities.” However, the representative for Carolina Housing did admit that Carolina Housing employees “[provide] guidance on many issues such as by-laws and other governance issues.”

In addition to questionable by-laws, the Review uncovered that the organization has made deep strides to incorporate “social justice” into their work through the creation of a Social Justice Advocate that is tasked with “incorporat[ing] and creat[ing] events centered around social justice and advocacy,” “ensur[ing] inclusive language and behaviors,” and “teach[ing] social justice modules” in each community government. One social justice module obtained by the Carolina Review was titled “Inclusive Language Workshop” and discourages students from using words and phrases such as “blacklist,” “whitelist,” “guru,” “minorities,” “peanut gallery,” “pow wow,” and “tribal knowledge.” The workshop also provides instructions on how to be inclusive to members of the LGBTQ community by not using words such as “husband” and “wife” and the titles “Mr.” and “Ms.” The training also makes clear that students are to ask for and use the preferred pronouns of individuals who identify as transgender.

The Review was unable to find an example of the RHA or Carolina Housing enforcing the speech related by-law or taking action against a student who disobeyed the social justice training. Eric Sell still asserted that the “mere existence [of these policies] is chilling speech” and was in violation of the First Amendment. It is unclear after the recent election of a new RHA president whether these policies will continue into the next semester.