No Summer Break for Student Rights
August 24, 2007
by Sean Clark
While students were away for the summer, enjoying beaches and lazy days, the struggle to protect student rights on campus continued. For those just coming back from summer break, here is a review of some of the major student rights cases that you might have missed.
Seniors Need Not Sue
In a disappointing decision, the Tenth Circuit Court of Appeals ruled in the case of Lane v. Simon
that once a student graduates they lack standing to continue a lawsuit. This decision could have dangerous implications, especially for students about to graduate, since it can take years for lawsuits to wind their way through the court system. There still might be hope to see this decision reserved, but the chances of that are slim. The students involved in the case are considering their options
and might appeal to the Supreme Court.
This is not the first time courts have used procedural grounds to refuse to hear a recent graduate’s lawsuit. In a case at Occidental College
involving gross abuses of power and free speech violations, Jason Antebi sued under provisions of the California State Leonard Law, which extends free speech protections to private university students, only to see his case dismissed by a judge
because he had filed the suit shortly after graduating. That judge’s decision was later upheld on appeal
and the California Supreme Court refused to consider a petition to review that decision.
Don’t Tread on Me
Student Free Speech Rights Up In Smoke
Stop the Presses
Victory at Gettysburg
More then 125 years after the civil war battle at Gettysburg, another victory for freedom and liberty has been won there. Just a few days ago, after being the subject of public ridicule for almost a year, Gettysburg College changed an overbroad sexual harassment policy
. The old policy failed to distinguish between the most innocuous romantic touching with forcible rape. Prior to removing this policy, Gettysburg was one of the first schools to be named to FIRE’s new Red Alert list