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Department of Justice files statement of interest in FIRElawsuit
WASHINGTON, Oct. 25, 2017 鈥 The Department of Justice on Tuesday filed a statement of interest in a California student鈥檚 lawsuit against his college鈥檚 free speech zone policies.
In March, Los Angeles Pierce College student Kevin Shaw filed a lawsuit challenging Pierce College and Los Angeles Community College District policies that restrict student free speech rights to tiny 鈥渇ree speech zones.鈥 The lawsuit is part of the Foundation for Individual Rights in Education鈥檚 .
鈥淭he United States has an interest in protecting the individual rights guaranteed by the First Amendment,鈥 according to the statement of interest, a brief filed by the attorney general expressing the interests of the United States in a pending lawsuit. 鈥淭he right to free speech lies at the heart of a free society and is the 鈥榦nly effectual guardian of every other right.鈥欌
The statement of interest argues that, based on the facts alleged in Shaw鈥檚 lawsuit, Pierce College and the district鈥檚 policies and practices violate student First Amendment rights and denied Shaw 鈥渉is right to engage in expressive activity in a public forum.鈥 Shaw is currently awaiting a Nov. 14 hearing on the defendants鈥 motion to dismiss the lawsuit.
鈥淚 am humbled to have the support of the Department of Justice,鈥 said Shaw. 鈥淭heir statement affirms what I鈥檝e believed all along 鈥 that the First Amendment is essential to American progress, and nowhere more so than on a college campus.鈥
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In November 2016, Shaw attempted to distribute Spanish-language copies of the U.S. Constitution and recruit new members for his student group, , along a main public walkway through campus. As he prepared, he was approached by an administrator who told him that he could not distribute literature outside the campus free speech zone, a tiny area on campus measuring approximately 616 square feet and comprising about .003 percent of the total area of Pierce College鈥檚 426-acre campus.
Shaw was also told he must fill out a permit application to use the free speech zone. He was informed that he would be asked to leave campus if he refused to comply.
鈥淔IREis grateful for the Department of Justice鈥檚 decision to file a statement of interest in our lawsuit,鈥 said FIREDirector of Litigation Marieke Tuthill Beck-Coon. 鈥淎s the department rightly recognizes, these policies severely restrict the expressive rights of all students on each of the nine district campuses. We cannot allow the First Amendment rights that Kevin Shaw and his fellow students possess to be taken away by administrative fiat.鈥
The lawsuit was filed on March 28 in partnership with Arthur Willner, a partner at , who is co-counsel with FIREin the case. In addition to challenging Pierce College鈥檚 unconstitutional free speech zone and permit requirement, the lawsuit also challenges an LACCD policy that requires the president of each LACCD college to designate at least one free speech zone on their campus. With approximately 150,000 students, the LACCD is the largest community college district in the country.
鈥淭his lawsuit presents Pierce with the opportunity to move to the right side of this issue by ending its unconstitutional violation of its students鈥 First Amendment rights,鈥 said Willner.
If you are a student who has been censored on campus, FIREand its Legal Network partners stand ready to protect your First Amendment rights in court. FIREinterested in submitting their case to 果冻传媒app官方鈥檚 Million Voices Campaign can do so through 果冻传媒app官方鈥檚 online case submission form. Attorneys interested in joining 果冻传媒app官方鈥檚 Legal Network can apply on 果冻传媒app官方鈥檚 website.
The Foundation for Individual Rights in Education (FIRE) is a nonpartisan, nonprofit organization dedicated to defending liberty, freedom of speech, due process, academic freedom, legal equality, and freedom of conscience on America鈥檚 college campuses.
CONTACT:
Daniel Burnett, Communications Manager, 果冻传媒app官方: 215-717-3473; media@thefire.org
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