San Francisco State University: Speech Codes Litigation
The College Republicans at San Francisco State University thought they were engaging in one of the most important acts of free assembly and expression when they demonstrated against recognized terrorist organizations Hezbollah and Hamas. Unknown to the students, the flags of the two organizations, which were walked over in the demonstration, contain the word "Allah" in Arabic script. Another student complained, alleging "acts of incivility," "intimidation," and the creation of a "hostile environment." The school responded with disciplinary action against the College Republicans. The College Republicans claimed that SFSU's speech codes were facially invalid, and with the help of the Alliance Defense Fund and the support of FIRE's Speech Codes Litigation Project, sued the university. The lawsuit ultimately resulted in an injunction against SFSU, effectively striking down the speech codes for the entire California State University system.
"Victory over Unconstitutional Speech Codes: San Francisco State University Settles Lawsuit with College Republicans in Favor of Free Speech," FIRE Press Release, March 4, 2008: Yesterday, San Francisco State University settled a lawsuit challenging its speech codes by agreeing to modify several unconstitutional policies to make them consistent with the First Amendment. The settlement also requires SFSU to pay damages to members of the university's College Republicans as well as to pay the College Republicans' attorney fees. The lawsuit—part of FIRE's Speech Codes Litigation Project—was filed in July 2007 by attorneys from the Alliance Defense Fund.
"Federal Court Orders San Francisco State University, California State University System Not to Enforce Unconstitutional Speech Codes," FIRE Press Release, November 8, 2007: In a crucial victory for free speech, a federal judge has ordered San Francisco State University (SFSU) and the California State University (CSU) System to stop enforcing several unconstitutional speech codes. The codes were challenged in a lawsuit filed by attorneys from the Alliance Defense Fund in cooperation with FIRE. The lawsuit came after the SFSU College Republicans were put on trial by a campus tribunal for stepping on makeshift Hamas and Hezbollah flags as part of an anti-terrorism rally they held in October 2006. The plaintiffs asked the court to hold SFSU accountable for unlawfully mistreating them on the basis of their constitutionally protected expression and to strike down several unconstitutional speech codes at SFSU and in the CSU System.
"Students Sue San Francisco State University over Unconstitutional Speech Codes," FIRE Press Release, July 9, 2007: San Francisco State University (SFSU) is the latest target of FIRE’s highly successful Speech Codes Litigation Project. In cooperation with FIRE, attorneys from the Alliance Defense Fund filed a federal lawsuit against SFSU for violating the First Amendment rights of its students. Earlier this year, SFSU put its College Republicans on trial before a campus tribunal for stepping on makeshift Hamas and Hezbollah flags during an anti-terrorism rally. In addition to holding SFSU accountable for unlawfully mistreating these students for engaging in constitutionally protected expression, the lawsuit asks the court to strike down several unconstitutional speech codes at SFSU. Beginning today, SFSU will have to answer for its actions in court.
"Remembering September 11 and the Freedoms that Make Us Americans," Samantha Harris, September 11, 2008: On the seventh anniversary of the 9/11 terrorist attacks on our nation, FIRE joins the rest of the country in remembering those who were lost. As we look back on that day, it is important that we also remind ourselves of the importance of the freedoms that make this country what it is, and that we commit ourselves to defending those freedoms when they are threatened. As those who follow FIRE's work well know, those freedoms continue to be threatened on campuses across the country. For example, San Francisco State University (SFSU) recently suspended its students' right to hold outdoor protests—which the College Republicans reported was preventing them from holding a 9/11 memorial they had planned for today. Thankfully, SFSU retracted the ban on Monday after the Alliance Defense Fund demanded that SFSU uphold its students' First Amendment right of assembly. As we look back today on the events of September 11, 2001, let's all commit ourselves anew to appreciating and defending the freedoms that make America such an incredible country.
