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Victory: Animal Rights Activist Restores Free Speech Rights of Cal Poly Pomona FIREwith Lawsuit Settlement
LOS ANGELES, July 23, 2015鈥California State Polytechnic University, Pomona agreed today to settle a First Amendment lawsuit filed by Nicolas Tomas, a student and animal rights activist. Tomas鈥 victory restores not only his First Amendment rights but those of the nearly 24,000 students who attend Cal Poly Pomona. The lawsuit is the sixth consecutive victory for the Foundation for Individual Rights in Education鈥檚 (FIRE's) unprecedented and undefeated .
With assistance from 果冻传媒app官方, Tomas filed suit against Cal Poly Pomona in March after campus police and an administrator from handing out flyers about animal abuse to his fellow students. The officer told Tomas that he had to request permission from the Office of Student Life during business hours on weekdays before he could express his views on campus. If granted permission, Tomas would then have to limit his advocacy to the school鈥檚 鈥渇ree speech zone,鈥 which comprised less than 0.01 percent of campus.
As part of today鈥檚 settlement, Cal Poly Pomona has agreed to revise the restrictive speech codes challenged in the lawsuit鈥攊ncluding the policy that limited student speech to a tiny zone鈥攁nd pay Tomas $35,000 in damages and attorney鈥檚 fees.
鈥淭he day of the free speech zone on college campuses is over,鈥 said FIREAssociate Director of Litigation Catherine Sevcenko. 鈥淭his is the fourth free speech zone that has been abolished as the result of a Stand Up For Speech lawsuit, and two more are being challenged in ongoing litigation. One in six schools may have free speech zones now, but when 果冻传媒app官方鈥檚 done, it will be zero.鈥
In addition to sponsoring litigation, FIREis leading the legislative charge against restrictive campus free speech zones nationwide. FIREhas worked with state legislators to pass laws banning unconstitutional campus free speech zones altogether in Virginia and, just this month, Missouri.
Before filing his lawsuit against Cal Poly Pomona, Tomas tried to to reform the university鈥檚 policies, but officials told him that they would not change the policies based on his concerns. Frustrated that Cal Poly Pomona鈥檚 speech codes unreasonably restricted where, when, and how he could exercise his free speech rights, Tomas turned to FIREfor help.
鈥淚'm pleased to finally see closure in this case. I'm happy to see Cal Poly Pomona take these measures to ensure free speech is protected on campus,鈥 said Tomas. 鈥淢y hope is that my case will influence other campuses to change their restrictive policies and that other students will be encouraged to freely express what they are passionate about.鈥
FIRE鈥檚 Stand Up For Speech Litigation Project, which marked its first anniversary earlier this month, has coordinated 10 lawsuits against public colleges and universities that have restricted student and faculty First Amendment rights. The six settled lawsuits, including Cal Poly Pomona, have restored the free speech rights of almost 200,000 students and secured over $300,000 in damages and attorney鈥檚 fees.
Cal Poly Pomona backed down a little over a month after the lawsuit was filed, agreeing to stop enforcing its unconstitutional speech policies. The case was settled in under four months. First Amendment attorney Robert Corn-Revere of the law firm and his colleagues Ronald London and Lisa Zycherman served as counsel for Tomas.
FIRE is a nonprofit educational foundation 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 freedom 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, 果冻传媒app官方: 215-717-3473; katie@thefire.org
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