A college student in California has settled a lawsuit with his university that will allow him to pass out pocket copies of the Constitution on his campus without any restrictions from his school on where they can be distributed.
In November 2016, Kevin Shaw, a student at Pierce College in Los Angeles, attempted to distribute pocket-size copies of the Constitution as a part of his efforts to recruit new members for his school’s Young Americans for Liberty chapter.
As soon as Shaw began his recruiting efforts, he was immediately approached by an administrator from Pierce College, who warned him that he would not be allowed to distribute literature unless he was operating inside the Pierce College “Free Speech Zone,” which, according to the Foundation for Individual Rights in Education, is a 616 square-foot area that includes approximately 0.003 percent of the 426-acre campus. He was also notified that use of the free speech zone would require a permit from the college.
Rather than comply with the blatantly unconstitutional restrictions Pierce College was attempting to impose upon students who wished to exercise their free speech rights, Shaw decided to challenge Pierce College in federal court, and enlisted FIRE to help him fight his college’s restrictions on free speech.
In December, Shaw received the ultimate vindication when the Los Angeles Community College District board of trustees finally agreed to open all areas on campus to free expression, while also revoking the unconstitutional, district-wide rule that attempted to classify property on its nine campuses to be “non-public forums.” Until the new ruling, classifying an area as a nonpublic forum had enabled college administrators to impose severe speech restrictions on that area.
In addition to essentially eliminating free speech zones on college campuses within the district, campus administrators also agreed to cover approximately $255,000 in legal fees associated with Shaw’s lawsuit.
Attorneys for Shaw and FIRE hailed the ruling, noting that the settlement was further proof that the free exchange of ideas on the college campus is an idea that should be cherished, not attacked.
“Hopefully, this settlement will serve as a reminder to both students and their colleges that the free and open exchange of ideas on campus is a precious commodity to be celebrated rather than feared or restricted,” said Arthur Willner, an attorney with Leader Berkon Colao & Silverstein who served as a co-counsel with FIRE in Shaw’s case.
John Patrick (@john_pat_rick) is a graduate of Canisius College and Georgia Southern University. He interned for Red Alert Politics during the summer of 2012 and has continued to contribute regularly.
