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Court Upholds Student Free Speech in L.A. Community Colleges

Date: 9/25/2009 6:22 pm

A federal court ruled last Wednesday that the sexual harassment policy at the Los Angeles Community College District (LACCD) was unconstitutional.  The Court upheld an injunction barring the policy from being enforced because it was so overly broad that it restricted more than just true sexual harassment.  "The vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools," said the court order. 

The Alliance Defense Fund Center for Academic Freedom, a legal alliance of Christian attorneys, filed the suit on behalf of a student, Jonathan Lopez, who was censored and threatened with expulsion after giving a speech about his Christian faith. Professor John Matteson reportedly ended Lopez's presentation mid-speech and called him a “fascist bastard” in front of his peers.  Refusing to assign Lopez a grade for the assignment, he wrote on his evaluation form, “Ask God what your grade is.”

School officials argued that Lopez's punishment accorded with the LACCD policy that prohibits speech which might create an "intimidating, hostile, or offensive working environment."

The ADF argues that the college has failed to make any convincing arguments on why their current policy, which restricts the rights of religious students, should stay. Despite the injunction, the college district is moving forward with the case arguing its policy is based on California state law.

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Issue: Free Speech and Academic Rights

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