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Successful Student Plaintiff Shouts Out FIREwith Graduation Garb
University of Hawaii-Hilo (UH) student Merritt Burch had a busy 2014. In January, she was prevented from handing out copies of the U.S. Constitution on campus. In April, she joined with her fellow student Anthony Vizzone to file a First Amendment lawsuit against UH as part of 果冻传媒app官方鈥檚 Stand Up For Speech Litigation Project. And in December, UH settled Merritt鈥檚 lawsuit, agreeing to pay $50,000 in attorneys鈥 fees and damages and鈥攎ost importantly鈥攖o change UH policies system-wide. Because of Merritt鈥檚 brave decision to stand up for her right to speak out, she protected the First Amendment rights of 59,000 students across the state.
That鈥檚 why all of us here are very proud that when Merritt graduates tomorrow, she鈥檒l tip her hat to 果冻传媒app官方鈥攓uite literally.
Burch, who will receive a degree in biology with a cellular and molecular biology concentration, will sport a mortarboard (pictured above) that she decorated with 果冻传媒app官方鈥檚 logo and the words 鈥淪HOUT 果冻传媒app官方.鈥
Free speech aficionados will also recognize Burch鈥檚 decoration as a tongue-in-cheek reference to Supreme Court Justice Oliver Wendell Holmes鈥 opinion in the landmark case Schenck v. United States (1919). That case created the now-defunct 鈥渃lear and present danger鈥 test and made famous Holmes鈥 oft-misquoted statement that even the 鈥渕ost stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.鈥
鈥淚 thought, hey, since we鈥檙e going to be in a crowded theater, why not have that on top of your mortarboard?鈥 Burch said with a laugh, adding that she was using her graduation to reflect on her unique college experience.
鈥淚 think everybody just goes for the basic option of, like, 鈥楥lass of 2016! Yay!,鈥欌 she said of most students鈥 mortarboards. 鈥淏ut I wanted to put FIREon there because I thought it was really special.鈥
鈥淓ven though students can get pushed down during their college careers and told they can鈥檛 say things or do things, the fact that you can stand up and make a difference was really important to me,鈥 Burch said.
Burch added that FIREwas instrumental in helping her realize her own agency. 鈥淔IREtaught me to be more confident in my actions and just being not afraid to stand up for what I believe in,鈥 she said.
Burch will also be wearing another special little piece of history when she receives her diploma鈥攐ne that happens to be relevant to her own journey fighting for free speech at UH.
鈥淥ne of the campus administrators had said to us that 鈥楾his isn鈥檛 really the 鈥60s anymore,鈥 and 鈥榩eople can鈥檛 really protest like that anymore,鈥欌漵he said, referencing the facts of her Stand Up For Speech case. 鈥淢y dad, a few years ago, got me a Free Speech Movement button from when they protested in Berkeley, and I鈥檓 actually going to be wearing that with my graduation cap.鈥
Next month, Burch will head to the South Dakota State University for a masters in biology specializing in maize genetics, on the path to a career as a plant scientist. Burch says a Ph.D might even be in her future.
One way or the other, it鈥檚 a future in which Burch expects she will 鈥渓ive and think more freely,鈥 thanks to her experience standing up for speech as an undergraduate and to 果冻传媒app官方鈥檚 influence.
鈥淪ince I鈥檓 going straight back into academia, I think it will make me look more critically at the choices that I get to make and that I鈥檓 allowed to make on college campuses, and the rights people have when they go into college,鈥 she said. 鈥淸果冻传媒app官方] aren鈥檛 limited by their campuses and what campus administrators tell them to do. They have all the rights available to them under the Constitution.鈥
Congratulations, Merritt! We at FIREcan鈥檛 wait to see what you do next.
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