Cal Poly settles with student in lawsuit over free speech

The San Luis Obispo Tribune ^ | Thursday, May 6, 2004 | Jeff Ballinger

[SteveH]

Cal Poly settles with student in lawsuit over free speech

Jeff Ballinger

The Tribune

Cal Poly has agreed to a $40,000 settlement with Steve Hinkle, the student disciplined last year for posting an unauthorized flier on campus.

The amount was to cover the legal bills of Hinkle, an industrial technology student who is president of the College Republicans. The settlement comes after Hinkle filed a lawsuit in federal court last September, claiming the university had violated his First Amendment rights by punishing him for trying to post a flier promoting a conservative author.

University officials released a statement Thursday on the settlement, in which Cal Poly denies doing anything wrong or breaking the law. The statement also reported that university officials did not want to spend any more time or money on the case.

In an addendum to the official statement, university officials also said the settlement does not change the campus' Student Code of Standard conduct regarding disruption.

"What is included in the settlement is a reaffirmation of the standard that existed before this case," the statement read. "It will continue to be the standard we apply in future cases involving Mr. Hinkle or any other student."

But Hinkle on Thursday called the settlement a victory -- for him and for free speech in general.

"The university realized it would be in their interest to settle rather than lose in federal court," said Hinkle, who is 23.

"You have to take a look at why they'd award me $40,000 if they didn't do anything wrong."

Hinkle, who is white, was confronted in November of 2002 by some black students in the lounge who said they found the flier offensive. One student threatened to call campus police, according to the suit. Hinkle left without posting the flier.

In March of 2003, the school's Judicial Affairs office ruled that Hinkle violated a state regulation barring "obstruction or disruption" of campus functions -- specifically, a Bible study the students said they were preparing to hold.

Hinkle was ordered to write letters of apology to the students and warned that he could face stiffer penalties or even potential expulsion if he refused, according to the lawsuit. Hinkle refused to write the letters.

Last July, Poly officials said Hinkle was not punished for the content of the flier but for disrupting the club meeting. But in a letter to Hinkle that same month, then-Provost Paul Zingg said the university dropped the punishment, lamenting the "broad publicity" and "public and press inquiries we have (been) receiving concerning this matter," according to the lawsuit.

The disciplinary action was still on Hinkle's educational records, however, when he filed the federal lawsuit.

http://www.sanluisobispo.com/mld/sanluisobispo/living/8608570.htm

[Blood of Tyrants]

It's $40,000 of the taxpayers' money. CalPoly doesn't care and will openly continue to intimidate and punish conservative students who aren't willing or able to sue.

[jim35]

I believe you can thank FIRE for this victory! Go, Hinkle! I hope these fascists are crying in their wine today. In your faces!!!

[jim35]

Good grief, can't you be happy about anything? Hinkle wasn't rich, he was supported by conservative activist groups (I love that phrase) like FIRE, who held those dirtbags' feet to the fire (so to speak)!

[farmfriend]

short list.

[SierraWasp]

Excellent!!!

[E.G.C.]

BTTT!!!!!!

[MindFire]

it doesnt give details about what his flier said, what was the content???

[Cicero]

Yes, it comes out of the taxpayers' pockets, not the administrators' pockets. That's in the nature of things. If it were a corporation, it would come out of the shareholders' pockets.

But it does make these administrators look like stupid fools. It diminishes their credibility with the legislature, at a time when the state is looking for ways to balance its budget. They jumped in too fast, screwed up, and looked foolish. That's something, at least. Next time they will hesitate before punishing another campus conservative.

[Thud]

ping

[Clioman]

Seems to me that a better outcome would have included mandatory lst Amendment training for the would-be commissars who perp'd this offense against free speech.

[SteveH]

it doesnt give details about what his flier said, what was the content???

(http://www.thefire.org/images/weaver.jpg)

[FierceDraka]

Methinks a few bricks through the windows of the Campus Gestapo might be in order.

[The Westerner]

Ok. But was this taken off his student record????

I assume it was or else Hinkle wouldn't feel he's won.

I almost wish the college had taken it to court. We need an important case like this to be heard nationally.

Congrats to the brave and steadfast Hinkle and thanks to FIRE a worthy organization! I was one of those people who wrote a long letter to the college dean about this case. And received a courteous reply back.

[Blood of Tyrants]

Make them go to their own sensitivity training and force them to add a catagory about how it is illegal to supress political speech - ESPECIALLY if you happen to disagree with it.

[VOA]

bump

[Mark17]

It's $40,000 of the taxpayers' money.

You are probably right, unfortunately. It would be more meaningful, if the money was taken out of their hides, as individuals. Now that would would get their attention.