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Federal Judge Prohibits SFSU from Enforcing Speech Codes

This has been a truly fantastic week for freedom on campus. Not only did the University of Delaware end its program of mandatory thought reform, but on Wednesday, a federal judge in California enjoined the enforcement of several unconstitutional speech codes at San Francisco State University (SFSU). The lawsuit鈥攑art of 果冻传媒app官方鈥檚 Speech Codes Litigation Project鈥攚as filed by the SFSU College Republicans this past July. Torch readers may recall that the SFSU College Republicans were dragged through a prolonged investigation and hearing simply for engaging in constitutionally protected expression. They brought suit both to challenge the university鈥檚 blatant violation of their rights and to challenge the numerous unconstitutional speech codes on the books at SFSU. Eugene Volokh :

U.S. Magistrate Judge Wayne Brazil issued a temporary injunction against the CSU system Wednesday, in which he struck down a portion of the CSU conduct code that mandates students 鈥渂e civil to one another.鈥 That language would likely not survive First Amendment scrutiny at trial, the magistrate found.

鈥淚t鈥檚 fine to say, 鈥榃e hope you're civil to each other,鈥欌 Brazil said from the bench. 鈥淚t鈥檚 not fine to say, 鈥榃e鈥檒l punish you if you鈥檙e not.鈥欌

The magistrate also told the CSU system it can only discipline students for 鈥渋ntimidation鈥 or 鈥渉arassment鈥 when the health or safety of another person is threatened. In addition, Brazil struck down language in the San Francisco State University student handbook that holds out the possibility of corrective action against student groups if their members behave in opposition to SFSU goals and principles.

The motion was argued by David Hacker of the Alliance Defense Fund, which is represented the College Republicans. Judge Brazil鈥檚 decision is a thrilling development for free speech on campus; look for much more information about it from FIREin the days to come.

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