VICTORY: California college that censored conservative students must pay $330,000, adopt new speech-protective policy, and train staff

• Clovis Community College administrators schemed to remove student-group flyers because of conservative messages
• Federal court orders Clovis and three other community colleges to stop discriminating against student-group speech based on viewpoint
• Federal court order and settlement follow a federal appellate court ruling in the students’ favor.

FRESNO, Calif., Aug. 2, 2024 — Delivering a win for campus free speech, a federal court today banned Clovis Community College from enforcing any policy that discriminates against student groups based on their viewpoint. The court recognized Clovis administrators violated students’ First Amendment rights when they prohibited the posting of conservative students’ flyers. 

In 2022, the Foundation for Individual Rights and Expression sued Clovis for taking down a student group’s anti-communist flyers and rejecting its pro-life flyers. FIRE represented the Clovis chapter of the Young America’s Foundation and its officers, Alejandro Flores, Juliette Colunga, and Daniel Flores, after administrators justified their unconstitutional actions by citing a posting policy that prohibited “inappropriate or offensive” flyers.

Today’s order permanently prohibits State Center Community College District — of which Clovis and three other community colleges are a part — from banning “inappropriate or offensive” speech or enforcing any viewpoint-discriminatory, overbroad, or vague policy to censor speech by a student group.  

“We won. We showed the school they were wrong,” said Alejandro. “FIRE had our back at every step throughout the process. If you think your speech is being stifled, don’t stay quiet, because when you stay quiet, nothing changes.”

As part of the parties’ related settlement agreement, Clovis’s community college district will also: 

1. Adopt a new posting policy that will protect the First Amendment rights of all student groups across the district.
2. Hold annual First Amendment training sessions for all district administrators and certify in writing who attended and what training materials were used in 2024 and 2025.
3. Pay Alejandro, Juliette, Daniel, and YAF-Clovis $20,000 in damages each, plus $250,000 in attorneys’ fees, for a total of $330,000. 

“We’re thrilled that today’s victory will benefit the speech rights of over 50,000 California students,” said FIRE attorney Daniel Ortner. “From now on, student groups won’t have to second guess or jump through hoops just to hang a flyer on the bulletin board. And rather than wielding unrestrained power to decide whose views are ‘appropriate’ or ‘offensive,’ administrators will defer to the First Amendment.”

COURTESY PHOTOS FOR MEDIA USE

In October 2022, FIRE secured a court order halting the college’s ability to limit flyers based on viewpoint while the lawsuit was pending. In August 2023, the Ninth Circuit Court of Appeals upheld that order, ruling the policy was likely unconstitutional because it gave administrators unbounded discretion to censor speech they disliked. Today, the students’ victories in court become permanent. 

“This is a victory not only for the rule of law but for everyone who values free speech,” said Gov. Scott Walker, president of Young America’s Foundation and former governor of Wisconsin. “We hope this sends a clear message to those who are considering violating our students’ constitutional rights — don’t, or you could end up in court-ordered First Amendment training like the administrators at Clovis College.” 

The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE recognizes that colleges and universities play a vital role in preserving free thought within a free society. To this end, we place a special emphasis on defending the individual rights of students and faculty members on our nation’s campuses, including freedom of speech, freedom of association, due process, legal equality, religious liberty, and sanctity of conscience.

CONTACT:

Katie Kortepeter, Communications Campaign Manager, FIRE: 215-717-3473; media@thefire.org