California Polytechnic State University (Cal Poly): Use of Disruption Claim to Suppress Free Speech

In a major victory for free speech on campus, California Polytechnic State University (Cal Poly) has abandoned its attempt to punish a student for posting a flier on a public bulletin board. The flier merely announced a campus speech, but some students at the campus Multicultural Center found the flier "offensive." Cal Poly has agreed to expunge student Steve Hinkle's disciplinary record relating to the incident, to cease interfering with his right to post fliers, and to pay significant attorney's fees. The settlement of the lawsuit ends a victorious year-long campaign organized by FIRE and the Center for Individual Rights to restore fundamental rights and liberties to this public university.

    Case Materials

  • ""It's OK to Leave the Plantation"," October 14, 2004
  • "Major Victory for Free Speech at Cal Poly," May 6, 2004: In a major victory for free speech on campus, California Polytechnic State University (Cal Poly) has abandoned its attempt to punish a student for posting a flier on a public bulletin board. The flier merely announced a campus speech, but some students at the campus Multicultural Center found the flier "offensive." Cal Poly has agreed to expunge student Steve Hinkle's disciplinary record relating to the incident, to cease interfering with his right to post fliers, and to pay significant attorney's fees. The settlement of the lawsuit ends a victorious year-long campaign organized by FIRE and the Center for Individual Rights to restore fundamental rights and liberties to this public university.
  • "Cal Poly Defendant Zingg Seeks Presidency of Chico State University," October 15, 2003: Cal Poly Provost Paul J.Zingg is seeking the presidency of Chico State University. Zingg's handling of a case involving essential issues of free speech and legal equality at Cal Poly should be reviewed here.
  • "Form E-mail from Cal Poly Provost Paul J. Zingg," October 15, 2003
  • "Cal Poly in Court for Violating First Amendment," September 25, 2003: Today, FIRE Legal Network attorney Carol Sobel and the Center for Individual Rights (CIR) filed a lawsuit in federal court against Cal Poly President Warren Baker for violating the First Amendment rights of Cal Poly student Steven Hinkle. The suit seeks to end the injustice being done to Hinkle and to restore the free speech rights of all Cal Poly students.
  • "Center for Individual Rights Press Release," CIR press release, September 25, 2003
  • "Memorandum in Support of Action for a Temporary Restraining Order, September 25, 2003," September 25, 2003
  • "Abridged Transcript of Disciplinary Hearing for Steve Hinkle," February 19, 2003: FIRE prepared this transcript from a tape recording of the hearing. Explanatory comments are in italics preceding the excerpts. In order to protect the privacy of the students (other than Steve Hinkle), their names have been removed and replaced with number designations.