 "Photo: Peter Franklin; The Daily Texan")
Two University Democrats members had until 7 p.m. Wednesday to take down two political signs in their dorm room windows.
Roommates and cousins Connor Kincaid, a music junior, and Blake Kincaid, a government sophomore, were told by University officials that if the signs were not taken down by the deadline, the students would be barred from registering for spring classes. By 9:30 p.m., the signs were still up and both Connor Kincaid and Blake Kincaid had no registration bars.
Both students were notified over the course of the semester that campaign signs placed in their Prather Dormitory windows were against Division of Housing and Food Service guidelines. The students were approached three times by resident hall officials warning them of their violation. On Oct. 2 they were notified that University officials expected them to appear at a disciplinary hearing at Roberts Dormitory, Connor Kincaid said.
Windows and screens may not be used to display advertisements, posters, flags, clothing or any externally visible display, according to the housing department’s handbook.
Both students defended their decision to place signs in their windows at a Wednesday afternoon disciplinary hearing. Blake Kincaid said as he left his hearing that housing officials did not explain why the sign mandates existed or how University officials defined the rules.
“I don’t know what to think really,” Blake Kincaid said. “They put us in a serious position.”
Despite the threat, both students refused to take down the signs, citing the importance of keeping students politically minded and active.
“I’m prepared to take this to court if that’s where it has to go,” Connor Kincaid said. “The signs are not going down.”
“If the University wants to prosecute them, bring it on,” said Zack Hall, University Democrats president. “If it’s not breaking fire code, and if it doesn’t hurt students, they should be able to put the signs up.”
Jeffery Graves, associate vice president for legal affairs, said the University does not have an aesthetics policy but instead has rules that limit the locations of signs throughout campus.
“It is our view that placing a sign in a window has the same effect as putting it on a wall,” Graves said. “We want to prevent things plastered around campus willy-nilly.”
As previously reported by The Daily Texan, the University abides by a history of U.S. Supreme Court decisions, which dictate that students’ free speech rights must not interfere with their surroundings or with the University’s primary role of educating students.
University Democrats, with support from College Republicans, plans to challenge the University and would take the issue to court if necessary, Hall said.
Ryan Ellis, president of College Republicans, said he does not know if his members have been approached by University officials regarding political signs but said he would support any student who desires to challenge the University.
While the Kincaids have been the first to undergo a disciplinary hearing, University officials told Connor Kincaid that all other residents with signs in their windows will undergo similar processes if the signs do not come down, Connor Kincaid said.
“We are going to make UT have 1,000 hearings,” Hall said to local and regional news channels at an impromptu press conference Wednesday. “Make UT fight you — put your signs up.”
Graves said UT believes in free speech and believes it is important to the educational process, but the University only allows free speech in certain places on campus.
“We encourage rather than suppress free speech,” Graves said.
Hall said the University is breaching the students’ First Amendment rights to free speech by limiting political expression.
Mark Kincaid, Connor Kincaid’s father and Blake Kincaid’s uncle, said he is frustrated by UT’s actions and does not believe the University is on the right side of the issue. Mark Kincaid, who is also an attorney, said he was not afraid to represent his son and nephew.
“I am definitely here as a dad and uncle, but it can evolve into legal representation,” he said.
