LA college sued by student for allegedly curbing his free speech rights

[zenkai]

Source

A Los Angeles college student is suing his school for allegedly curbing his free speech rights to pass out copies of the U.S. Constitution.

Pierce College student, Kevin Shaw, 27, filed his lawsuit Tuesday against the Los Angeles Community College District after he was barred from passing out copies of the document because he wasn’t in the school’s designated “free speech zone,” which measures 616 square feet or about the size of three parking spaces.

“When I attempted to hand out copies of the Constitution that day, my only intention was to get students thinking about our founding principles and to inspire discussion of liberty and free speech,” Shaw said in a statement. “I had no idea I would be called upon to defend those very ideals against Pierce’s unconstitutional campus policies.”

“This fight is about a student’s right to engage in free thinking and debate while attending college in America.”

It was just before the general election in November 2016 when Shaw had attempted to distribute Spanish-language copies of the Constitution during a recruiting drive for his student group, a campus chapter of Young Americans for Liberty on the main quad. A Pierce administrator told him he could not distribute literature outside the designated zone. Shaw says he was also told that he would have to fill out a permit application to use the free speech zone and would be asked to leave campus if he refused to comply.
Kevin_shaw_4 Expand / Contract

The free speech zone is a sliver of land on the Pierce College campus that is roughly the size of three parking spaces.

“Students like Kevin go to college to learn and grow in conversation with their peers, but a free speech quarantine like Pierce’s threatens to punish students who speak their minds in the wrong place,” said Marieke Tuthill Beck-Coon with the Foundation for Individual Rights in Education (FIRE), which is representing Shaw in his lawsuit. “The law is clear: Public colleges like Pierce can’t force students into tiny slices of campus to exercise their First Amendment rights.”

An official for Pierce College, which is a part of the 150,0000-student Los Angeles Community College District, says that they support free speech rights.

______________________________________________________________

“Students like Kevin go to college to learn and grow in conversation with their peers, but a free speech quarantine like Pierce’s threatens to punish students who speak their minds in the wrong place."

- Marieke Tuthill Beck-Coon, Foundation for Individual Rights in Education
_____________________________________________________

“The Los Angeles Community College District firmly stands behind every student’s right to free expression,” LACCD spokesman Yusef Robb said, according to the Los Angeles Daily News. “We have no further comment on the lawsuit at this time.”

Shaw’s lawsuit also challenges a long-standing policy of the district that requires the president from each of the colleges to designate at least one free speech zone on their campus.

“At the very moment when colleges and universities should be encouraging open debate and the active exchange of ideas, Pierce College instead sends the message to its students that free speech is suspect and should be ever more tightly controlled,” said attorney Arthur Willner, who is co-council with FIRE on Shaw’s lawsuit. “This does a disservice to the student body, as well as being contrary to long-established law.”
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Shaw is suing the LACCD for an unspecified amount in damages.

He should know better to hand out copies of the constitution, he should have been setting it and flags on fire instead.

[Garnier Fructis]

This reeks of someone knowingly fishing for a confrontation.

[Fibh]

This reeks of someone knowingly fishing for a confrontation.

If that's what's needed to change the school's ridiculous policy, so be it.

[Strangebrew]

Hope he succeeds and give the college some serious hard time.

[Deleted]

designated free speach zone? lol what

[Independent voter]

What I bet that "free speech zone" is is a place where they put the loud religious people who come to campus and tell everyone they are going to Hell.

[Tyrianth]

Maybe he should try reading the constitution himself...

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.[1]

Last I checked the his college isn't congress, and his college policies aren't laws.

[Machismo]

It's a public school, so free speech should be permitted everywhere. The same should be for all public property... and I do mean all of it. The same should also go to protecting the 2nd Amendment on all public property, including government buildings.

[Zandro]

Isn't America a free speech zone?

[Tyrianth]

It's a public school, so free speech should be permitted everywhere. The same should be for all public property... and I do mean all of it. The same should also go to protecting the 2nd Amendment on all public property, including government buildings.

The first amendment only applies to Congress and laws that they enact. It states no where that the government is obligated to provide a platform for your speech.

[Zoranon]

Maybe he should try reading the constitution himself...



Last I checked the his college isn't congress, and his college policies aren't laws.

You might want to be at least a bit knowledgeable about the subject before engaging in "clever" posting.

This way you come out just laughably ignorant.

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The first amendment only applies to Congress and laws that they enact. It states no where that the government is obligated to provide a platform for your speech.

Wrong again. There are more amendment to the constitution than one you know?

[Tyrianth]

You might want to be at least a bit knowledgeable about the subject before engaging in "clever" posting.

This way you come out just laughably ignorant.

Then explain to me, how

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;

Applies to his college.

[Azadina]

It's a public school, so free speech should be permitted everywhere. The same should be for all public property... and I do mean all of it. The same should also go to protecting the 2nd Amendment on all public property, including government buildings.

So people should be allowed to walk into white house armed? I doubt Trump will appreciate it for very long.

[Machismo]

The first amendment only applies to Congress and laws that they enact. It states no where that the government is obligated to provide a platform for your speech.

It's not about a platform, it's about public property. No platform is required, but that does not mean the government shoul dbe stifling speech, or for that matter, carrying a firearm.

[Zoranon]

Then explain to me, how



Applies to his college.

Start with 14th amendment and the incorporation doctrine.

[satimy]

Isn't America a free speech zone?

No, both parties regulate speech for different awful reasons. Although the right has largely been defeated

[Tyrianth]

It's not about a platform, it's about public property. No platform is required, but that does not mean the government shoul dbe stifling speech, or for that matter, carrying a firearm.

It is a platform. This student is using the college campus as his platform for his speech.

Platform: an opportunity to voice one's views or initiate action.
"the forum will provide a platform for discussion of communication issues"

[Zoranon]

No, both parties regulate speech for different awful reasons. Although the right has largely been defeated

Both parties try pretty hard true, but overall you are still way being on restriction than us in Europe.

[satimy]

Both parties try pretty hard true, but overall you are still way being on restriction than us in Europe.

I don't consider Europe on Americas tier, it's too left wing

[Sunseeker]

This reeks of someone knowingly fishing for a confrontation.

Which plenty of people did on my college campus on a daily basis, most of them for bullshit.

I understand the reasoning behind "free speech zones". Students are in classes and most would generally like to attend them without interruption from the latest whacko with a loudspeaker. However, LA colleges are FUCKING MASSIVE, the idea that free speech of the entire student body should be limited to a 25x25 area (approximately the size of one school classroom) is insane. If we use the same math as is used to determine maximum occupancy we can determine that only 17 people could reasonably stand in this area.

Pierce College has a student population of 20,000. (that's 1/3rd of the population of my current city FYI) Obviously an area that can only hold 17 people at any given time is not sufficient for the student body to exercise its constitutional rights.