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U. of Hawaii Settles Lawsuit Over Handing Out Constitutions
HONOLULU, December 2, 2014鈥擨n a victory for free speech, the University of Hawaii (UH) agreed today to settle a First Amendment lawsuit filed by two students at UH鈥檚 Hilo campus.
FIRE Merritt Burch and Anthony Vizzone sued UH after one administrator stopped Burch from passing out copies of the U.S. Constitution and another told both of them to restrict their protest against National Security Agency (NSA) spying to a tiny, flood-prone 鈥渇ree speech zone.鈥 Burch and Vizzone turned to the Foundation for Individual Rights in Education (果冻传媒app官方), which coordinated the lawsuit as part of its .
As part of the settlement, UH has revised its speech policies system-wide to allow free speech and the distribution of literature in 鈥渁ll areas generally available to students and the community鈥 without requiring that students seek permission first. UH has also agreed to pay $50,000 in attorneys鈥 fees and damages.
鈥淲hen they tried to speak out on campus, Merritt and Anthony were confined to a tiny 鈥榝ree speech zone鈥 and told by administrators that 鈥榯his really isn鈥檛 the 鈥60s anymore,鈥欌 said FIREPresident Greg Lukianoff. 鈥淪o they stood up to the entire UH system and fought for their First Amendment rights. The lawsuit led to a constructive conversation with UH, and today President David Lassner has set an example by implementing policies that guarantee free speech to the 59,000 students enrolled in the UH system.鈥
Last January, Burch, who is president of the UH Hilo chapter of Young Americans for Liberty, and another student were stopped from handing out copies of the U.S. Constitution at a student organization fair. About a week later, a university administrator told Burch and her co-plaintiff Vizzone that they should move their protest of NSA surveillance to the 鈥渇ree speech zone,鈥 which was located in a remote area of campus.
Robert Corn-Revere, Ronald London, and Lisa Zycherman of the law firm Davis Wright Tremaine filed the students鈥 lawsuit on April 24. Less than a month later, UH Hilo announced that it would stop limiting student expression to the 鈥渇ree speech zone.鈥 This moratorium helped lead to today鈥檚 settlement abolishing UH鈥檚 free speech zones and restrictions on literature distribution. The settlement also creates a dispute resolution process for students who believe their First Amendment rights have been violated.
鈥淚鈥檓 so happy that the University of Hawaii has revised its policies, and I'm grateful for the help from FIREand our attorneys,鈥 said Burch. 鈥淣ow students across the University of Hawaii system can exercise their First Amendment rights without fear that they will be disciplined.鈥
鈥淚t鈥檚 great to see these changes and to know that we can express ourselves freely throughout campus,鈥 said Vizzone.
FIRE is the nation's leading student rights organization that unites civil rights and civil liberties leaders, scholars, journalists, and public intellectuals from across the political and ideological spectrum on behalf of individual rights, freedom of expression, academic freedom, due process, and rights of conscience at our nation鈥檚 colleges and universities. 果冻传媒app官方鈥檚 efforts to preserve liberty on campuses across America can be viewed at thefire.org.
CONTACT:
Katie Barrows, Communications Coordinator, 215-717-3473; katie@thefire.org
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