University of New Hampshire: Eviction of Student for Posting Flier

Case Materials

• "Victory at University of New Hampshire," FIRE Press Release, 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

Media Coverage

• "The Chill Is Nothing New," Greg Lukianoff, The Chronicle of Higher Education, September 9, 2005: Some would like to imagine that the excesses of "political correctness” are ancient history, but repression in the name of tolerance hasn't gone anywhere. Oppressive speech codes are not only still around—they have actually multiplied, even after numerous court decisions declared them unconstitutional.
• "The Eighth Annual Muzzle Awards: Dishonorable mentions," Dan Kennedy, The Boston Phoenix, July 1, 2005: The University of New Hampshire taught Timothy Garneau a lesson on the perils of political correctness last November. After Garneau wrote and distributed a flier joking that freshman women could lose 10 to 15 pounds by taking the stairs instead of the elevator, he was ordered out of his dorm, and was forced to live in his car for three weeks. After the Foundation for Individual Rights in Education intervened, Garneau was reinstated.
• "The Campus, the Election, and the Implications," Chron Watch, November 30, 2004: The insular and self-congratulatory world of academe awoke to a shock on the morning of November 3, 2004. Not only did the overwhelming majority of professors not vote for George W. Bush, few of them rubbed shoulders with anyone who had.
• "No Jokes, Please: Demonize First, Ask Questions Later," Greg Lukianoff, Daily Journal (Los Angeles and San Francisco), November 24, 2004
• "Administration softens charges in Stoke flier controversy," The New Hampshire, November 23, 2004
• "‘Frosh 15’ UNH student looks to move on," Bruno Matarazzo, Foster's Online, November 20, 2004: DURHAM — University of New Hampshire student Timothy Garneau just hopes his life will return to normal. For almost a month, Garneau, 20, has tested the reach of the First Amendment on campus following a battle with the university after he posted fliers that officials considered discriminatory.
• "Humor vs. free speech at UNH," Scot Lehigh, The Boston Globe, November 17, 2004: FOR AN example of the way universities stifle free speech in the name of nebulous notions of civility, one need look no further than the hullabaloo that ensued at the University of New Hampshire after sophomore Timothy Garneau tried to use a little humor to ease elevator use.
• "UNH student back -- in new dorm," Union Leader (Manchester, NH), November 16, 2004: DURHAM -- The University of New Hampshire student booted from his dorm for posting fliers that made fun of freshman women gaining weight has moved back in to campus housing.
• "'Daily Show' deems UNH incident funny," Brian Dekoning, The Union Leader, November 5, 2004: DURHAM — University of New Hampshire officials didn't think Timothy Garneau's posters making fun of coeds' battling the "freshman 15" were all that funny but producers at "The Daily Show with Jon Stewart" apparently disagree.
• "Flyer-Posting Soph Moves Back Into UNH Dorm," Jim Brown, Agape Press, November 5, 2004: (AgapePress) - The University of New Hampshire student who was kicked out of his residence hall for joking about female freshmen gaining weight has been allowed back in campus housing. The school's change of heart comes after an education rights group accused the university of violating the student's First Amendment rights.
• "UNH student allowed to return to dorm," Brian Dekoning, The Union Leader, November 4, 2004: DURHAM — Timothy Garneau can move back in to a University of New Hampshire dorm and stop living in his car after school officials dropped further sanctions imposed on him for joking about female freshmen gaining weight.
• "Student disciplined for hanging poster is allowed in dorm," Melanie Asmar, Concord Monitor, November 4, 2004: DURHAM - The University of New Hampshire dropped three of the four charges last week against a sophomore who hung posters in his dorm suggesting freshman girls could lose weight by taking the stairs.
• "Silencing students: UNH tilts a lance at the First Amendment," The Union Leader, November 3, 2004: IN AMERICA today, the worst violators of free speech rights are universities, and the University of New Hampshire is no exception to this rule. This fall, Timothy Garneau, a 20-year-old sophomore, posted fliers in his residence hall suggesting that freshman women take the stairs instead of the elevator so they could lose weight. For this, UNH evicted him.
• "UNH backs off sanctions in ‘Freshman 15’ sign incident," Bruno Matarazzo, Foster's Online, November 2, 2004: DURHAM — The University of New Hampshire sophomore who was kicked out of his dorm last week after posting fliers ridiculing women who used the elevator had three violations of harassment and disorderly conduct dropped by the university.
• "Free speech group backs student," Brian Dekoning, The Union Leader, November 2, 2004: DURHAM — A free speech group wants the University of New Hampshire to drop all charges against a student evicted from his dorm for posting fliers that poked fun at freshmen women gaining weight.
• "UNH student evicted over dorm fliers," Associated Press (AP), Portsmouth Herald, October 31, 2004: DURHAM - A sophomore at the University of New Hampshire has been evicted from his dorm for posting fliers urging women to lose weight by taking the stairs instead of the elevator.
• "Poster gets student kicked out of dorm," United Press International (UPI), Washington Times, October 31, 2004: DURHAM, NH, Oct. 29 (UPI) -- A University of New Hampshire student was kicked out of his dorm for putting up a poster urging coeds to keep weight off by using the stairs.
• "UNH evicts student for fat frosh joke," Brian Dekoning, The Union Leader, October 30, 2004: DURHAM — A University of New Hampshire student banned from his dorm for posting fliers that urged freshmen women to lose weight by taking stairs instead of an elevator says he won't accept a watered down UNH judicial finding that might let him move back in to campus housing.
• "Student evicted from dorm for posting fliers," Ashley Smith, Nashua Telegraph, October 29, 2004: DURHAM -University of New Hampshire student Timothy Garneau thought he was being funny when he posted fliers around his dorm suggesting girls use the stairs instead of the elevator in order to lose weight.
• "Dorm poster gets student kicked out," Melanie Asmar, Concord Monitor, October 29, 2004: DURHAM - A University of New Hampshire sophomore was expelled from his dormitory last week for hanging a poster implying that freshman girls could avoid gaining the "freshman 15" by using the stairs instead of taking the elevator.