Posted on 09/18/2015 7:46:51 AM PDT by PoloSec
Students whose flyers were censored by Dixie State University in St. George, Utah, won their First Amendment lawsuit Thursday—on Constitution Day—when a settlement was reached restoring students’ rights to free speech.
Three students filed the lawsuit after their flyers, with unflattering depictions of President Obama, former President George W. Bush, and Cuban revolutionary Che Guevara, were banned by the university.
Dixie State claimed no flyers that “mock” or “disparage” individuals were allowed.
As part of Thursday’s settlement, Dixie State agreed to revise campus policies to meet First Amendment standards. These include the university’s unconstitutional flyer approval process, posting policies, club event policies, and “free speech zone” policy.
The university also must pay $50,000 in damages and attorney’s fees and provide training to administrators on the campus’ new speech policies.
“I am absolutely thrilled by the resolution of this case,” student-plaintiff William Jergins said in a release. “Students at Dixie State will now be able to benefit from the most rigorous educational environment available: one of free speech and open inquiry.”
The Foundation for Individual Rights in Education (FIRE) assisted Jergins and fellow students Joey Gillespie and Forrest Gee in the lawsuit.
All three students are part of the political group Young Americans for Liberty.
Aside from their flyers being censored, the students’ speech was limited to a “free speech zone” on campus—an area previously unknown to other students and campus administrators. The university also required students to get permission to speak several weeks in advance.
“Once the lawsuit was filed, Dixie State quickly came to the table and we were able to work out a settlement that restores the free speech rights of DSU students,” said Catherine Sevcenko, FIRE’s associate director of litigation.
FIRE has put colleges and universities across the country on notice.
“It only took three students willing to stand up for their constitutional rights to make it safe for over 8,500 students to speak their minds. But these students’ victory won’t be limited to the campus of Dixie State University,” said Nico Perrino, FIRE’s associate director of communications, in an email.
“After seven straight victories for FIRE’s Stand Up For Speech Litigation Project, colleges across the country are on notice that if they violate student rights, there will be students willing to stand up to vindicate them and FIRE will be there to help,” Perrino said.
Congratulations to these students.
Of course, the whole incident should never have happened, though.
“Dixie State” ?
Private schools might be able to get away with this stuff, but if they take taxpayer dollars, they are restrained by the bill of rights!
Dixie State? In Utah...?
St. George was established by Mormons in the 1840’s as a source for clothing (cotton) and the SW Utah area was referred to as “Utahs’ Dixie” (reference to American South cotton growing area.
Completion of transcontinental railroad ended the need for indigenous clothing, but the moniker “Dixie” stuck.
California Libs hate it, and want the Universities name changed. Locals outgun ‘em though.
Yes, Dixie as in southern Utah. The name has caused all the hand-wringers no end of angst over the supposed negative connotations which could be associated with the name, thereby causing tourism to dry up and blow away, riots to occur, and the end-of-days to transpire. Students stood tall that they wanted the name to stay. They won. Mascot-Rebels. It’s awesome, and a win for the good guys and voice of reason.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.