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Valdosta State University: Student Expelled for Peacefully Protesting Parking Garages

The University of Georgia System's Board of Regents reversed the expulsion of student Hayden Barnes from Valdosta State University (VSU) after he filed a federal lawsuit against VSU for violating his constitutional rights. Barnes had protested former President Ronald Zaccari's plan to use $30 million in student fees to construct two parking garages on campus. To protest the planned garages, Barnes posted flyers and sent e-mails to Zaccari, student and faculty governing bodies, and the Board of Regents, in order to detail his environmental concerns with its construction. President Zaccari sought Barnes' expulsion on the grounds that Barnes was a "clear and present danger" after he posted a collage page on Facebook that included pictures of Zaccari, a parking deck, and the caption "S.A.V.E.-Zaccari Memorial Parking Garage," a sarcastic reference to concerns Barnes says Zaccari had expressed in a meeting about his "legacy" as president of VSU. FIRE wrote two letters to the chancellor and the vice chancellor of the Board of Regents, who reversed VSU's expulsion.

Case Materials

• "FIRE in Action: Valdosta State University," January 19, 2009: This short film highlights FIRE's fight against Valdosta State University's (VSU's) unconstitutional free speech zone policy and chronicles FIRE's victory on behalf of VSU student T. Hayden Barnes, who was expelled for engaging in a peaceful protest. Featuring on-the-scene interviews with Barnes; his attorney, noted First Amendment lawyer Robert Corn-Revere; and FIRE President Greg Lukianoff, this video illustrates the impact of FIRE's work and explains why VSU remains a priority in FIRE's fight for student rights on campus.
• "Order on VSU's Motion to Dismiss Barnes' Complaint," November 19, 2008
• "FIRE Exposes Unrepentant Abusers of Liberty in ‘U.S. News’ College Rankings Issue," August 25, 2008: The 2009 edition of U.S. News and World Report's America's Best Colleges issue, released today, includes a full-page advertisement from FIRE highlighting the five colleges and universities that have earned FIRE's Red Alert distinction for being the "worst of the worst" when it comes to liberty on campus. Students should think twice before choosing to attend Red Alert schools, which include Brandeis University, Colorado College, Johns Hopkins University, Tufts University, and Valdosta State University.
• "US News and World Report FIRE ad," August 25, 2008
• "Memorandum in Support of a Motion for Partial Summary Judgment," May 2, 2008
• "University System of Georgia Intellectual Diversity Study, April 17, 2008," April 18, 2008
• "Episode 104: FIRE's Case at Valdosta State University," March 10, 2008
• "FIRE Challenges Valdosta State University’s Free Speech Zone in New Video," March 3, 2008: In response to Valdosta State University’s unconstitutional free speech zone policy, FIRE released a short film today explaining VSU’s continued disregard for its students’ rights and chronicling FIRE’s recent victory on behalf of a VSU student expelled for engaging in a peaceful protest.
• "Victory for Free Speech at Valdosta State University," January 17, 2008: In a meeting yesterday, the Board of Regents of the University System of Georgia reversed a ruling against Valdosta State University (VSU) student T. Hayden Barnes, who was expelled in May 2007 after using Facebook.com and other methods to publicly protest the school’s decision to construct two new parking garages on campus. Barnes—who filed a federal lawsuit last week against VSU alleging constitutional violations—was informed by his lawyer, noted First Amendment attorney Robert Corn-Revere, that the Board has reversed his expulsion.
• "Student Files Federal Lawsuit Against Valdosta State University After Expulsion for Peaceful Protest," January 10, 2008: Expelled Valdosta State University (VSU) student T. Hayden Barnes has filed a lawsuit against the university, VSU President Ronald Zaccari, the Board of Regents of the University System of Georgia, and other VSU administrators after being punished for publicly protesting the school’s decision to construct two new parking garages on campus. The suit was filed in the U.S. District Court for the Northern District of Georgia in cooperation with FIRE and eminent First Amendment attorney and FIRE Legal Network member Robert Corn-Revere.
• "Complaint Filed in U.S. District Court, Northern District of Georgia Against Valdosta State University," January 9, 2008
• "FIRE’s Letter to VSU President Ronald M. Zaccari, November 30, 2007," November 30, 2007
• "Amid Free Speech Scandal, Embattled Valdosta State President Announces Early Retirement," November 15, 2007: Late yesterday, Valdosta State University (VSU) President Ronald M. Zaccari announced that he will be retiring in June 2008, at the end of the 2007-2008 academic year, rather than December 2008, as originally planned. Zaccari’s early retirement comes at a time when both Zaccari and VSU are under increasing fire for the unconstitutional expulsion of former VSU student T. Hayden Barnes. Zaccari played a central role in Barnes’ expulsion for peacefully protesting Zaccari’s plans to spend $30 million of mandatory student fees to construct two parking garages on campus, personally ordering Barnes to be “administratively withdrawn” from campus. Zaccari claimed that Barnes presented a “clear and present danger” to both Zaccari and the VSU campus on the basis of a cut-and-paste collage Barnes had posted on his personal page on popular social networking site Facebook.com. With FIRE’s help, Barnes is appealing Zaccari’s blatantly unconstitutional actions. A hearing before Georgia’s Office of State Administrative Hearings is scheduled for November 26, 2007.
• "FIRE’s Letter to Associate Vice Chancellor of the University System of Georgia, J. Burns Newsome, October 31, 2007," October 31, 2007
• "Letter from Associate Vice Chancellor of the University System of Georgia J. Burns Newsome to FIRE, October 24, 2007," October 24, 2007
• "Valdosta State University Expels Student for Peacefully Protesting New Parking Garages," October 24, 2007: Valdosta State University (VSU) has expelled student T. Hayden Barnes for publicly protesting the school’s decision to construct two new parking decks on campus. After VSU President Ronald M. Zaccari labeled Barnes a “clear and present danger” and mandated that Barnes submit certifications of his mental health and on-going therapy as conditions of his readmission to VSU, Barnes contacted FIRE for help.
• "Photo Collage on T. Hayden Barnes’ Facebook.com Page," October 24, 2007
• "Statement of Appeal from the Board of Regents of the University System of Georgia in T. Hayden Barnes’ Case," October 24, 2007
• "FIRE’s Letter to Chancellor of the University System of Georgia, Erroll B. Davis, October 23, 2007," October 23, 2007
• "T. Hayden Barnes’ Notice of Appeal," May 21, 2007
• "Notice of Administrative Withdrawal from Valdosta State University President Ronald Zaccari to T. Hayden Barnes," May 7, 2007
• "Letter from T. Hayden Barnes to Valdosta State University President Ronald Zaccari, April 26, 2007," April 26, 2007
• "T. Hayden Barnes’ Letter to the Editor of VSU ‘Spectator’," April 19, 2007
• "Parking decks to be built at VSU," March 22, 2007
• "Order on Petition for Preliminary Injunction," October 21, 2003

Blog Entries

• "Greg in ‘Huffington Post’ on the Campus Culture Wars," by Claire Jenkins, April 22, 2009
• "Stop Invoking Virginia Tech to Punish Protected Speech," by Adam Kissel, November 24, 2008
• "Good News from Georgia: Federal District Court Issues Important First Order in Valdosta State Lawsuit," by William Creeley, November 21, 2008: On Wednesday, District Court Judge Charles A. Pannell, Jr. issued his first order in the federal civil rights lawsuit filed by former Valdosta State University (VSU) student Hayden Barnes in January. In a promising development for Barnes—and, more generally, for free speech on campuses across the country—Judge Pannell's order denies five of the seven motions to dismiss filed by the defendants' lawyers, thus allowing the core of Barnes' claims against recently departed VSU President Ronald Zaccari and other VSU administrators to proceed. In denying the motions to dismiss, Judge Pannell held that the collage Barnes posted on Facebook.com "deserves constitutional protection under the First Amendment" and that Zaccari and his administration "were on notice and had fair warning that retaliating against [Barnes] for his speech and expression against the proposed construction of the parking garage would violate his constitutional rights." Judge Pannell's order also allows Barnes' claims that VSU and the Board of Regents of the University System of Georgia violated the Americans with Disabilities Act and breached a contractual agreement with Barnes by failing to observe the university policies to proceed.
• "Greg in ‘Huffington Post’ on Valdosta State and the Importance of Free Speech on Campus," by Claire Jenkins, September 26, 2008
• "Valdosta State U Victory Discussed in ‘FIREside Chats’ Episode," by Erin Osovets, September 22, 2008
• "Weekly Media Round-up: Two Major Free Speech Victories Start the Year on a High Note," by Peter Bonilla, September 19, 2008
• "Valdosta State Comes Off FIRE’s Red Alert List," by Robert Shibley, September 17, 2008
• "How Can Valdosta State University Get off FIRE's Red Alert List?," by William Creeley, August 27, 2008
• "At Valdosta State, New Leadership or More of the Same?," by William Creeley, August 21, 2008
• "Legacy in Tatters, Embattled VSU President Retires," by William Creeley, June 30, 2008: Valdosta State University President Ronald M. Zaccari retires today, leaving behind an embarrassing legacy of contempt for his students' constitutional rights to freedom of speech and due process. Under Zaccari, Valdosta State University (VSU) earned the ignominious distinction of being just one of five schools on FIRE's Red Alert list, signifying VSU's status as one of the "worst of the worst" in the nation with regards to liberty on campus. Zaccari secured VSU's spot as the only public university on our Red Alert list by personally ordering the expulsion of student T. Hayden Barnes for engaging in protected political speech―an expulsion that was later overturned by the Board of Regents of the University System of Georgia and is currently the subject of a federal civil rights lawsuit. Zaccari also oversaw VSU's blatantly unconstitutional free speech zone, which limits free expression to just one tiny stage on the school's Main Campus comprising less than 1% of the school's total campus acreage. Zaccari's retirement comes six months earlier than he had originally planned. For students wishing to exercise their constitutionally guaranteed right to free expression at Valdosta State University, however, Zaccari's retirement comes not a day too soon.
• "When Schools Punish Creative Work," by Adam Kissel, May 20, 2008
• "Greg Lukianoff on ‘Threatening’ Speech in ‘The Wall Street Journal’," by Samantha Harris, May 20, 2008: FIRE President Greg Lukianoff is quoted in today's edition of The Wall Street Journal in an article about the challenges universities face distinguishing true threats from protected expression. Greg explains that the problem on campus is that "Right now, if a university administrator claims that someone is a threat, even if that threat is virtually unsupportable and completely unreasonable, they have carte blanche to do what they want." This is precisely what happened to T. Hayden Barnes at Valdosta State University, whose story is featured in the article. For even more on Valdosta State, see FIRE's short film highlighting both the university's outrageous treatment of Hayden Barnes and its unconstitutional free speech zone policy.
• "VSU Lawsuit Update: Barnes Files Motion for Summary Judgment," by William Creeley, May 12, 2008
• "An Update on Valdosta State University Featured in New Podcast," by Erin Osovets, May 5, 2008
• "“Muzzle Tov” to Brandeis and Valdosta State from Greg," by Erin Osovets, April 11, 2008
• "Associated Press, Harvey Silverglate and Blogosphere Cover the Jefferson Muzzles," by Erin Osovets, April 10, 2008
• "FIRE in Action: Valdosta State University," by William Creeley, March 3, 2008
• "Video of Hayden Barnes and Valdosta State on FOX News," by Robert Shibley, February 29, 2008
• "Media Take Note of Valdosta Victory," by Samantha Harris, January 18, 2008
• "Victory at Valdosta State: Georgia Board of Regents Finally Reverses Expulsion," by William Creeley, January 17, 2008
• "New Facebook Monitoring Software Raises Troubling Questions," by William Creeley, January 14, 2008
• "Valdosta State Case Gets More Attention," by Adam Kissel, January 14, 2008
• "‘Inside Higher Ed’ Covers Valdosta Suit," by Samantha Harris, January 11, 2008
• "Wrongfully Expelled Student to Valdosta State: See You in Court," by William Creeley, January 10, 2008
• "Stand Up for the First Amendment: Let the Georgia Board of Regents Know the Constitution Still Counts," by William Creeley, January 7, 2008
• "Colleges, Mandatory Counseling, and the Right of Private Conscience," by Kelly Sarabyn, December 31, 2007
• "Valdosta State University: 2007’s Worst Becomes 2008’s Priority," by William Creeley, December 28, 2007
• "Threats, Intimidation, and Free Speech," by Azhar Majeed, December 27, 2007
• "University of Georgia Violates Anonymity of Course Evaluations to Punish Offensive Speech, Then Violates FERPA," by Adam Kissel, December 4, 2007
• "Red Alert: Valdosta State University," by William Creeley, November 27, 2007: By acting with brazen and callous disregard for the constitutional rights of former student T. Hayden Barnes, Valdosta State University (VSU) has earned the dubious distinction of being placed on FIRE’s Red Alert list. VSU becomes the first public university to be placed on Red Alert, joining Johns Hopkins University and Tufts University in representing the “worst of the worst” when it comes to protecting and respecting individual rights on campus. VSU President Ronald M. Zaccari personally ordered Barnes’ expulsion after Barnes engaged in peaceful protest against the proposed construction of a $30 million parking facility. Amazingly, Zaccari deemed Barnes a “clear and present danger,” largely on the basis of a cut-and-paste collage posted on Barnes’ personal page on the popular social networking site Facebook.com.
• "A Legacy of Repression: Valdosta State President’s Early Retirement Can’t Hide Unconstitutional Abuse of Power," by William Creeley, November 15, 2007
• "Valdosta Update: FIRE Responds to GA Board of Regents’ Non-Response," by William Creeley, November 1, 2007
• "Expelled From College for Eco-Collage," by Greg Lukianoff, October 31, 2007
• "Valdosta Case Hits Blogs, Media," by William Creeley, October 29, 2007
• "At Valdosta, an Atrocious Violation of Due Process," by William Creeley, October 25, 2007
• "Valdosta State Student Expelled For Criticism of School," by William Creeley, October 3, 2007

Media Coverage

• "Order issued in lawsuit,"
  by Malynda Fulton, The Valdosta Daily Times, November 24, 2008
• "Schools struggle with dark writings,"
  by Elizabeth Bernstein, The Wall Street Journal, May 20, 2008
• "Georgia Regents reverse student’s expulsion from Valdosta State U.,"
  by Sara Lipka, The Chronicle of Higher Education, January 18, 2008
• "Back to school for outspoken student,"
  by Andy Guess, Inside Higher Ed, January 18, 2008
• "Georgia Regents reverse student’s expulsion from Valdosta State U.,"
  by Sara Lipka, The Chronicle of Higher Education, January 18, 2008
• "Expulsion for protest unfair,"
  by Chris Chiego, The Red and Black, January 17, 2008
• "Expulsion reversed,"
  by Malynda Fulton, The Valdosta Daily Times, January 17, 2008
• "Board of Regents reverses VSU expulsion,"
  by Alicia Eakin, WALB News, January 17, 2008
• "Valdosta State student sues after he's expelled,"
  by Brandon Larrabee, Athens Banner-Herald, January 12, 2008
• "Former VSU student sues University,"
  by Alicia Eakin, WALB News, January 11, 2008
• "Maybe he shouldn’t have spoken his mind,"
  by Andy Guess, Inside Higher Ed, January 11, 2008
• "Ga. college student expelled after criticizing president’s plan files suit,"
  by Michael Beder, Student Press Law Center, January 10, 2008
• "VSU student battles expulsion,"
  by Carole Hawkins, The Florida Times-Union, October 30, 2007
• "Ga. student who protested plans for campus parking garage contesting removal,"
  by Casey Wooten, Student Press Law Center, October 26, 2007