You’ve Been Served: Foundation for Individual Rights in Education Mails First Amendment Warning to More Than 300 Colleges

PHILADELPHIA, Sept. 17, 2014—In a national certified mailing sent today, the Foundation for Individual Rights in Education (FIRE) warns the leaders of more than 300 of our nation’s largest and most prestigious public colleges and universities that they risk First Amendment lawsuits by continuing to maintain speech codes that violate student and faculty rights. The letters are being mailed from the main post office near Independence Hall in Philadelphia today to mark the 227th anniversary of the signing of the U.S. Constitution.

“FIRE prefers to secure students’ and faculty members’ free speech rights by working cooperatively with colleges and universities. However, FIRE will not hesitate to turn to the courts when necessary.”

“58 percent of our nation’s public colleges and universities restrict student and faculty speech with blatantly unconstitutional policies, and 38 percent more enforce policies that are too easily abused to silence campus speech,” said Will Creeley, FIRE’s Director of Legal and Public Advocacy. “In July, FIRE launched our Stand Up For Speech Litigation Project by announcing four lawsuits against institutions that have violated student and faculty First Amendment rights. Now we’re putting public colleges and universities across the country on notice—and inviting them to work with FIRE to fix flawed policies before they’re challenged in court.”

“Throughout our 15 years defending student and faculty rights, FIRE has consistently coordinated successful First Amendment challenges against unconstitutional speech codes.”

FIRE has posted online a sample letter to a public university with a speech code earning a “red light,” FIRE’s worst rating.

The letter informs college and university leaders about FIRE’s Stand Up For Speech Litigation Project, announced in July with the filing of First Amendment lawsuits against Ohio University, Iowa State University, Chicago State University, and Citrus College in California. As the letter details, lawsuits will be filed against public colleges maintaining unconstitutional speech codes in each federal circuit. After each victory by ruling or settlement, FIRE will target another school in the same circuit—sending a message that unless public colleges obey the law, they will be sued…. (read more)

FIRE

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