Legal precedent may let white nationalists speak at Michigan State

UPDATE: MSU WON'T LET WHITE NATIONALISTS SPEAK ON CAMPUS

EAST LANSING - Michigan State University may have to allow a white nationalist group to speak on campus, even if there's a fear it could incite violence, an expert said.

On Wednesday, MSU President Lou Anna K. Simon released a statement that said the National Policy Institute wants to have a speaker on campus, and that MSU is "reviewing the request closely in light of the deplorable violence in Charlottesville, Va. last weekend."

The NPI describes itself as "dedicated to the heritage, identity and future of people of European descent." The Southern Poverty Law Center, an organization that combats bigotry, has listed NPI as a white nationalist group. Such groups advocate for political, legal and territorial guarantees for whites.

Robert Sedler, a constitutional law professor at Wayne State University, said courts have established that the overriding principal for public universities when it comes to speech on campus is neutrality toward the content.

"Once it allows access it cannot discriminate on the basis of content," he said, meaning that the university can't prohibit racist speech and allow equality speech.

Even if a public university has fears that the speech will incite violence, Sedler said, it must allow it if there's advance notice. The university must protect the speaker, and can use law enforcement to prevent violence.

MSU has had controversial speakers before. In December of last year, Milo Yiannopoulos came to MSU as part of his "Dangerous Faggot" tour. Yiannopoulos, a former Brietbart News editor, is an avowed anti-feminist and critic of "P.C. culture" on college campuses. Several people were arrested for protesting his appearance, which was initiated by a campus group called Young Americans for Liberty.

In a letter posted on Twitter Wednesday evening, Michigan State University Student Body President Lorenzo Santavicca said he's been in contact with Michigan State University's administration about NPI's request.

"We must recognize the virtue and rights of the First Amendment, but the line is crossed immediately when violence and extremism is incited through messages of hate," Santavicca wrote in the letter. "Whether these messages, speakers, and outside organizations are sponsored by a student organization or not, these messages have no place on our campus."

In an interview, Santavicca told the State Journal that the members of the Associated Students of Michigan State University he spoke with have concerns about groups coming to campus to incite violence or to divide the campus community. He added that he expects it to be an issue the student government group will discuss during its first meetings of the school year, which begins later this month.

MSU's statement did not say who the NPI speaker might be, but Richard Spencer is president and director of the The National Policy Institute and a high-profile advocate for white rights.

The Rock on MSU's campus was painted recently, with "Go home Spencer" on one side and a message on the other referencing the violence in Charlottesville and "no hate speech." There were also several swastikas painted and then crossed out. It's unclear when The Rock was painted, who painted it or if more than one group was involved.

The University of Florida on Wednesday denied the NPI's request to rent event space, citing the potential risks in the wake of the clashes last weekend in Virginia. Texas A&M University rejected a similar request from the group a few days ago.

In a written statement, UF President W. Kent Fuchs said the "likelihood of violence and potential injury – not the words or ideas – has caused us to take this action."

Contact Matt Mencarini at (517) 267-1347 or mmencarini@lsj.com. Follow him on Twitter @MattMencarini.