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

Case Materials

• "Major Victory for Free Speech at Cal Poly," FIRE Press Release, 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," FIRE Press Release, 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.

Media Coverage

• "When Speech Becomes a Crime," Cinnamon Stillwell, San Francisco Chronicle, June 28, 2006: It seems that putting forward a political or religious viewpoint on campus that is considered politically incorrect is now grounds for persecution and possible expulsion. Students have found themselves so beleaguered by what often appear to be politically motivated witch hunts that they have felt the need to turn to organizations such as the Foundation for Individual Rights in Education for legal assistance.
• "The AHA's Double Standard on Academic Freedom," David Beito, Ralph Luker, and Robert “K. C.” Johnson, Perspectives (American Historical Association), March 1, 2006: While academic freedom eventually triumphed in most of these cases, it was only because outside organizations, especially the Foundation for Individual Rights in Education (FIRE), spread adverse publicity or threatened lawsuits. In the meantime, the college administrators in question had displayed to the world an appalling disdain for free speech, while all too many faculty, by not speaking out, showed either failure of nerve or outright complicity in injustice.
• "Liberal Bias against Campus Conservatives Confronted," John Plecnik, Front Page Magazine, October 22, 2004: The John William Pope Center for Higher Education Policy hosted its annual policy conference at North Carolina State University last Saturday on October 16, 2004. The topic: "Freedom and the American Campus." All-star panels articulated the reality of liberal bias on college campuses, and debated possible solutions. Notables included David Horowitz of FrontPageMag.com, former U.S. House Historian Dr. Christina Jeffrey, and David French of the Foundation for Individual Rights in Education (FIRE).
• "No Myth: Conservatives in Academia Suffer Discrimination," Mark Finkelstein, The Cornell Daily Sun, October 15, 2004: In a recent Sun column, ("Reclaim Your Victimhood," Sept. 24), Danny Pearlstein, skeptical of the notion that conservatives in academia suffer discrimination, challenged conservatives "to send me concrete instances" of such. As the French would say, "chiche!" -- dare accepted.  
• "The Good and The Bad (Plus Some Ugly)," Rachel Zabarkes Friedman, National Review, October 11, 2004: Today's college campus is a study in contrasts. Professors and administrators cling to their grotesque orthodoxies, but students seem to be getting saner by the year. What follows are five of the most outrageous campus incidents of the last academic year, then five of the most heartening acts of courage.
• "Cal Poly Settles Suit by Student," Jean-Paul Renaud, Los Angeles Times, May 6, 2004: A Cal Poly San Luis Obispo student who sued the school for allegedly violating his 1st Amendment rights reached a settlement with the university this week. The school promised to expunge Steve Hinkle's disciplinary record and to pay $40,000 in legal fees.
• "Campus censors in retreat," John Leo, U.S. News & World Report, February 16, 2004
• "Defending the right to offend," Beth Gillin, The Philadelphia Inquirer, November 13, 2003
• "The Sheldon--it's baaack," John Leo, U.S. News & World Report, November 10, 2003
• "Academia's shame," John Leo, New York Daily News, November 2, 2003
• "Cal Poly Student Found Guilty of Disrupting Campus Events," Marie Hamer, The College Redeemer, October 22, 2003
• "Free SpeechóFor Liberals Only," Ashley Varner and Gary Aldrich, Mensnewsdaily.com, October 6, 2003
• "Student Sues College Over Free Speech," Steve Jordahl, Family News, October 1, 2003
• "Cal Poly Student Takes University to Court Over Speech Dispute," Robert Bluey, CNSNews, September 26, 2003
• "Student Sues Cal Poly Campus Saying It Violated His Free-Speech Rights," Alice Gomstyn, The Chronicle of Higher Education, September 26, 2003
• "California University Sued for Punishing Student Posting Flyer," SF Gate, September 25, 2003
• "California university sued for punishing student posting flier," Robert Jablon, The San Francisco Chronicle, September 25, 2003
• "Cal Poly Sued for Violating First Amendment," Randal Robinson (Blog), September 25, 2003
• "Cal Poly Student's Lawsuit says he was punished for trying to post flyer," Mary Beth Marklein, USA Today, September 24, 2003
• "Finalist's Stance Curious," Chico Enterprise-Record, September 20, 2003
• "America's Academic Tyrants," Walter Williams, CNSNews, September 3, 2003
• "Cal Poly," Michael Tremoglie, MensNewsDaily.com, September 1, 2003
• "Tempers Flare Over Flier Incident at Calif. School," Jay Mathews, The Washington Post, August 19, 2003
• "Government Urges Colleges to Heed First Amendment," Regina Chen, The Daily Californian, August 15, 2003
• "Speech Codes: Alive and Well at Colleges...," Harvey Silverglate and Greg Lukianoff, The Chronicle of Higher Education, August 1, 2003
• "Cal Poly defends censorship charge," Caroline Lindahl, The Mustang Daily, July 31, 2003
• "Cal Poly Defends Free Speech Policy Amid Dispute With White Student," David Fein, CNSNews, July 18, 2003
• "How Campus Censors Squelch Freedom of Speech," Stuart Taylor, The Atlantic Monthly, July 14, 2003
• "Young Conservative Defies the PC Campus," David Fein, Townhall, July 11, 2003
• "Dishonor on the campus," Suzanne Fields, Townhall, July 10, 2003
• "Thor Halvorssen and Steve Hinkle on Fox News' Hannity & Colmes," FOX News, July 8, 2003
• "Problematic Parentage Language Police," Scott Norvell, FOXNews, July 7, 2003
• "Cal Poly punishes student for 'disruption'," Lou Marano, United Press International, July 3, 2003
• "School, student settle flier suit," Deb McCown, Washington Times, May 11, 2003: California Polytechnic State University has settled a lawsuit with a student who was disciplined for posting a flier more than a year ago that some students said was offensive.