University of New Hampshire: Eviction of Student for Posting Flier

Timothy Garneau, a sophomore at the University of New Hampshire, was evicted from his dorm for posting fliers joking that freshman women could lose the "Freshman 15" by walking up the dormitory stairs. Garneau was charged with offenses including "acts of dishonesty"; violation of "affirmative action" policies; "harassment"; and "conduct which is disorderly, lewd." FIRE wrote UNH President Ann Weaver Hart explaining that posting a satirical flier was protected speech under the First Amendment, and that evicting Garneau from housing was an outrageous violation of his rights. UNH's Judicial and Mediation Programs Office informed Garneau that UNH had rescinded all of the original charges except for "acts of dishonesty" and that his sentence was reduced from eviction to "relocation" to another dormitory.

    Case Materials

  • "Victory at University of New Hampshire," November 12, 2004: University of New Hampshire sophomore Timothy Garneau returns to the dorms today after being evicted for posting fliers joking that freshman women could lose the “Freshman 15” by walking up the dormitory stairs. After FIRE protested the university’s disregard for Garneau’s free speech rights, the university withdrew its unconstitutional charges. Garneau had been living out of his car for almost three weeks.
  • "Second Letter to President Ann Weaver Hart - University of New Hampshire," November 1, 2004: The Foundation for Individual Rights in Education (FIRE) is pleased that UNH decided to repeal its clearly unconstitutional findings against Timothy Garneau on October 27, 2004.  As we stated in our letter of October 22, Garneau’s posting of a flier does not constitute harassment, disorderly conduct, or a violation of any constitutionally defensible affirmative action policy.
  • "University of New Hampshire Evicts Student for Posting Flier," FIRE Press Release, October 28, 2004: The University of New Hampshire has evicted a student from housing for posting fliers in his residential hall for joking that freshman women could lose the “Freshman 15” by walking up the dormitory stairs. The public university found him guilty of violating policies on affirmative action, harassment, and disorderly conduct, and has sentenced him to mandatory counseling and probation along with his eviction.
  • "Letter to President Ann Weaver Hart - University of New Hampshire," October 22, 2004