Comment from ROBERT KAPLAN
ROBERT KAPLANOpposeAcademic
Summary: A representative of a research institution argues that the proposed regulation violates First Amendment rights by attempting to control the speech of grant recipients who are funded by multiple sources. They also contend that the vague language of the rule will create a chilling effect on academic freedom and negatively impact various service industries.
Section 200.219 refers to “Prohibition of Discriminatory Event Services” attempting to ensure that Federal funds are not used, directly or indirectly, to subsidize violations of the First Amendment of the U.S. Constitution involving suppression of free speech. Staff and faculty of research institutions are almost always partially funded through federal and other governmental support, and also through non-grant funds including student tuition, endowments and investment income, clinical income to the medical center, etc. They are not employees of the government nor is it possible for each of their activities, written statements, speeches, presentations, conference-organizing activities, and the like to fully and clearly attribute the activities to a federal research grant. Therefore it would seem that this attempt to influence communication of grant recipients is a clear violation of core free speech principles. Second, given this vague and ill-defined statement in the new OMB materials, this will have a chilling effect on freedom of expression because the institutions and their faculty and other employees cannot know in advance how this section 200.219 requirement will be implemented. By impinging upon the recipient’s ability to mount a scientific conference or other event, the rule also has an adverse economic effect on hotels, providers of services such as audio-visual, printing, catering, etc, transporation companies, and other industries.