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University of California at Irvine: Suppression of Affirmative Action Bake Sale

The University of California at Irvine (UCI) has decided not to interfere with the College Republicans' affirmative action bake sale. The bake sale protest was halted when administrators ordered them to remove the satirical price list for their doughnuts, saying it violated the university's nondiscrimination policy. When student organizer Bryan Zuetel offered to change the price list to a "suggested price" list, he was told that this would still violate the policy. Barred from communicating their message, the students ended the protest. UCI later reversed course after the College Republicans agreed to list their prices as "suggested prices." Greg Lukianoff stated, "The universities just could not justify their arguments that the affirmative action bake sales did not constitute protected political speech."

Case Materials

• "Twin Victories for Free Speech on Campus," February 13, 2004:  
• "FIRE Letter to University of Washington Vice President for Student Affairs Ernest R. Morris, January 15, 2003," January 15, 2003

Media Coverage

• "Fraternities Must Stand Up to Schools' Squelching Free Speech,"
  by Greg Lukianoff and Matthew Vasconcellos, The Daily Journal, October 11, 2004
• "Practical Advice for Fraternities Caught in the Battle for Free Speech on Campus,"
  by Matthew Vasconcellos and Greg Lukianoff, Fraternal Law, September 16, 2004
• "The Philadelphia Inquirer, USA Today, and the Pasadena Star-News on FIRE,"
  March 3, 2004
• "Bake Sale Allowed to Continue,"
  by Aubrey Manahl, The New University (UC Irvine), February 26, 2004
• "That's how the free speech crumbles,"
  by Ron Blumner, Fort Worth Star-Telegram, February 9, 2004
• "On campus, free speech causes indigestion,"
  by Robyn Blumner, St. Petersburg Times, February 8, 2004
• "'Affirmative-action bake sale' restored,"
  WorldNetDaily, February 3, 2004
• "Bake sales used to protest affirmative action,"
  by Associated Press, The Associated Press, December 24, 2003
• "The Conservative Cookie Rebellion,"
  by Wendy McElroy, Fox News Channel, December 16, 2003
• "Watchdog group ponders college suits,"
  by Jon Ward, The Washington Times, December 12, 2003
• "Bake-Off! UCI shuts down doughnut sale, free speech imperiled,"
  by Gustavo Arellano, Orange County Weekly, October 17, 2003
• "Universities shut down affirmative action bake sales,"
  Student Press Law Center, October 1, 2003
• "Discrimination by doughnut at UCI,"
  by Seth Freedland, The Orange County Register, September 27, 2003