Several Grady College professors are challenging University policy that restricts students from using handheld video phones or camcorders inside the Miller Learning Center without prior approval.

“At this point we are investigating the legal basis for the University’s claims,” said Ann Hollifield, head of Grady’s telecommunications department. “We don’t believe the policy … accurately reflects the [federal] law.”

The filming policy sparked debate after two students were restricted from shooting video near the MLC’s Jittery Joe’s coffee shop because they did not obtain prior permission.

“I just don’t like the idea of any media having to ask permission to do anything in a clearly public space,” associate journalism professor David Hazinski told the Georgia First Amendment Foundation in e-mails obtained by The Red & Black. “If we can find the legal grounds, we’ll take this one into the ring.”

University policy prohibits videotaping inside classrooms without professor approval – a federal law that originated in the 1960s to quell disruption from classroom sit-ins during the Vietnam War.

The MLC is not included in that policy, but administrators require prior permission for filming purposes there because it is a “hybrid building” – a cross between classroom space and library space – said Tom Jackson, vice president for public affairs.

“Our belief is that students are here in the library and MLC to study, and they expect to be here to study, not to be videotaped and interviewed,” said Bill Potter, who oversees the filming policy for the MLC, main library and science library. “If a crew wants to videotape, they must check with us first.”

Jackson said, “the primary goal [of the policy] is to protect the academic enterprise and students’ privacy in the classroom and library setting … It’s a matter of asking permission and being cooperative.” He said members of the press have never been denied access to the MLC after asking for permission.

“If you wanna fight you can get a fight, but if you want to cooperate you can get cooperation,” he said.

But Hollifield argues that the filming policy targets students journalists and doesn’t take into account “the reality that at any given time there are hundreds of people wandering around the MLC with video cameras on their cell phones.”

William Lee, a journalism professor and expert in media law, said the policy unnecessarily restricts student journalists.

“They are going after a mosquito with a sledgehammer,” he said. “It strikes me that the policy is anticipating what I’ll call a Hollywood-style experience where you have a large crew and you’ve got artificial lights set up and cables running everywhere – which I think is completely contrary to the experience you would have with journalism students going in with a single handheld camera.”

“I think this policy that is written doesn’t acknowledge the unobtrusive nature of the student journalist … they have gone way too far to say that you need requests and a permission process.”

But Potter said it is a “false argument” that the rule targets anyone.

“All we are asking is for the courtesy of the journalist asking permission,” he said.

Jackson said, “it doesn’t matter who you are – if you walk up to someone studying with a video camera, you are invading their privacy.”

Hazinski asked Jackson last week to change the policy. When Jackson wouldn’t, Hazinski sought legal advice from Lee and another media law expert within Grady, according to the e-mails obtained by The Red & Black.

On Monday, Hazinksi said he would not discuss his plans with The Red & Black because he had not yet made any decisions regarding his “course of action.” But he also told students Monday that he planned to submit a “request for interpretation” to the state’s attorney general if the administration refused to change their stance on the videotaping policy inside the MLC. Several years ago, Hazinksi submitted a similar request in response to University policy restricting video recording at Council meetings. In response, the attorney general “interpreted,” or redefined, the policy to allow students to record the meetings.

Hazinksi told students Monday that a lawsuit is not “on the agenda yet” because he is “at least 15 steps away” from making that kind of decision.