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University of Cincinnati: Speech Code Litigation

In 2012, FIRE coordinated a legal challenge to an unconstitutional free speech zone policy at the University of Cincinnati (UC) that limited all "demonstrations, pickets, and rallies" to a "Free Speech Area" comprising just 0.1% of the university's 137-acre West Campus. The policy further required all activity in the free speech zone to be registered ten working days in advance, threatening that "[a]nyone violating this policy may be charged with trespassing." After UC's Young Americans for Liberty (YAL) chapter was told it could not gather signatures and talk to students across campus in support of a statewide "right to work" ballot initiative, FIRE secured the assistance of Ohio's 1851 Center for Constitutional Law for YAL's lawsuit. In June 2012, United States District Judge Timothy S. Black held that the policy "violates the First Amendment and cannot stand" and issued a preliminary injunction against its enforcement. Black then issued a permanent injunction in August 2012, forbidding the policy's reinstatement. UC's loss in court follows years of ignoring FIRE's warnings about the policy's constitutional flaws dating back to December 2007, when it was named FIRE's Speech Code of the Month.

Case Materials

• "Federal Court Delivers Final Blow to U. of Cincinnati 'Free Speech Zone'," August 22, 2012: In a major victory for student rights, a federal district court issued a final ruling today prohibiting the University of Cincinnati (UC) from reinstating its tiny "free speech zone." In today's order, United States District Judge Timothy S. Black issued a permanent injunction against UC's unconstitutional system of speech restriction. The court's decision comes hard on the heels of yesterday's startling resignation of UC President Gregory H. Williams, who reportedly did not provide any explanation for his sudden decision to quit a mere week before students return to campus.
• "Order Granting Plaintiffs' Motion to Convert Preliminary Injunction into Permanent Injunction, University of Cincinnati Chapter of Young Americans for Liberty v. Williams, No. 1:12-cv-155 (S.D. Ohio Aug. 22, 2012).," August 22, 2012
• "Final Judgment of Permanent Injunction, University of Cincinnati Chapter of Young Americans for Liberty v. Williams, No. 1:12-cv-155 (S.D. Ohio Aug. 22, 2012).," August 22, 2012
• "Federal Court: University of Cincinnati Free Speech Zone Violates First Amendment, ‘Cannot Stand’," June 12, 2012: In a ringing victory for student rights, a federal district court declared today that the University of Cincinnati's tiny "free speech zone" violates the First Amendment. In his order enjoining enforcement of the challenged free speech zone policy, United States District Judge Timothy S. Black held that UC's free speech zone "violates the First Amendment and cannot stand." The suit was filed by Ohio's 1851 Center for Constitutional Law in cooperation with FIRE. 
• "University of Cincinnati Chapter of Young Americans for Liberty v. Williams, No. 1:12-cv-155 (S.D. Ohio Jun. 12, 2012).," June 12, 2012
• "University of Cincinnati Sued Over Free Speech Zone," February 23, 2012: A student group filed suit yesterday against the University of Cincinnati in federal district court, alleging that the university’s tiny “free speech zone” violates the First Amendment. The University of Cincinnati chapter of Young Americans for Liberty (YAL) and its president, student Christopher Morbitzer, sought permission to gather signatures and talk to students across campus in support of a statewide “right to work” ballot initiative, but the request was denied. Morbitzer was told that if any YAL members were seen “walk[ing] around campus” gathering signatures, campus security would be alerted.
• "Picture of University of Cincinnati Free Speech Area," February 22, 2012
• "Map of University of Cincinnati West Campus," February 22, 2012
• "Complaint filed in U.S. District Court, Southern District of Ohio against University of Cincinnati, February 22, 2012," February 22, 2012
• "University of Cincinnati Event Request Form, February 10, 2012," February 10, 2012
• "Email from Conference and Event Services to YAL UC Chapter President Christopher Morbitzer, February 10, 2012," February 10, 2012
• "Email from Brittany Sisko to YAL UC Chapter President Christopher Morbitzer, February 10, 2012," February 10, 2012
• "Email from YAL UC Chapter President Christopher Morbitzer to Conference and Event Services, February 9, 2012," February 9, 2012
• "Letter from University General Counsel Mitchell McCrate to FIRE, December 22, 2008," December 22, 2008
• "FIRE Letter to University of Cincinnati President Nancy L. Zimpher, December 8, 2008," December 8, 2008
• "University of Cincinnati Use of Facilities Policy Manual," August 1, 2008

Blog Entries

• "Learning and Unlearning Liberty at the U. of Cincinnati," by Azhar Majeed, August 28, 2012
• "FIRE VP Shibley Wonders: Does Ohio Have Infinite Money to Burn?," by Bridget Glackin, August 24, 2012
• "Ignoring FIRE is Expensive," by Nico Perrino, August 23, 2012
• "Federal Court Delivers Final Blow to U. of Cincinnati ‘Free Speech Zone’," August 22, 2012
• "Will in ‘Huffington Post’: Free Speech 1, Free Speech Zone 0 ," by Joseph Cohn, June 20, 2012
• "Three Key Points to UC Court Victory," by William Creeley, June 14, 2012
• "University of Cincinnati Victory Scores Coverage From Coast to Coast," by Gina Luttrell, June 13, 2012
• "Greg’s Appearance on ‘Stossel’ Now Online," by Gina Luttrell, April 24, 2012: FIRE President Greg Lukianoff's appearance on Stossel last week is now available online. The episode highlights two current FIRE cases: Auburn University's selective banning of student window hangings and the University of Cincinnati's threats to arrest students who wanted to gather signatures outside of the school's free speech zone. Greg also told the Florida State University audience that FSU's speech codes are unconstitutional. Check out the video!
• "Watch FIRE on 'Stossel' This Week," by Adam Kissel, April 19, 2012: FIRE President Greg Lukianoff appears on ‘Stossel' this week to discuss free speech on campus. The show also features students from FIRE's cases at Auburn University, which selectively ordered a student's Ron Paul banner to be taken down despite leaving many others on display, and the University of Cincinnati, which threatened to arrest students if they tried to gather petition signatures outside the university's tiny "free speech zone." The episode first airs Thursday evening at 9 pm Eastern on Fox Business Network. Tune in!
• "University of Cincinnati Needs to Learn to Read," by Robert Shibley, March 29, 2012
• "‘News Record’ on Free Speech Zone Lawsuit at University of Cincinnati ," by Adam Kissel, March 8, 2012
• "With Federal Lawsuit Filed, University of Cincinnati Allows Student Group Temporary Reprieve From Free Speech Zone -- But Continues to Defend Illiberal Policy," by William Creeley, March 7, 2012
• "Will IU’s ‘Free Speech Zone’ Fall Next? A Former FIRE Intern Investigates," by Jaclyn Hall, March 1, 2012
• "Robert in ‘Daily Caller’: U of Cincinnati Has It Coming with Student Lawsuit Challenging Restrictive Policy," by Azhar Majeed, February 24, 2012
• "University of Cincinnati Sued Over Free Speech Zone," February 23, 2012

Media Coverage

• "US District Court Forbids use of Free Speech Zone on Cincinnati Campus,"
  by Joe Wallace, City-County Observer, August 28, 2012
• "U. of Cincinnati loses free speech lawsuit - is another Ohio college next?,"
  by Robert Shibley, The Daily Caller, August 23, 2012
• "District Court: Campuses Can't Quarantine Free Speech,"
  by Greg Lukianoff, The Huffington Post, August 23, 2012
• "Campus speech,"
  by Ed Zuckerman, Talk Radio News Service, August 23, 2012
• "Univ. of Cincinnati Wrongly Barred Students from Passing Right-to-Work Petitions on Campus, Federal Judge Says,"
  by Kendra Alleyne, CNS News, June 20, 2012
• "U Cincinnati Free Speech Restrictions Struck Down in Court,"
  Education News, June 19, 2012
• "Victory for Student Rights: Federal Court Strikes Down University of Cincinnati's Tiny Free Speech Zone,"
  by William Creeley, The Huffington Post, June 15, 2012
• "University Of Cincinnati Free Speech Zones Ruled Unconstitutional By Federal Judge,"
  by Tyler Kingkade, The Huffington Post, June 14, 2012
• "‘Right to work’ students sue University of Cincinnati over ‘Free Speech Area’,"
  by Robert Shibley, The Daily Caller, February 24, 2012