Professional Documents
Culture Documents
In This Issue:
2 Temple University Charges Victory for Freedom of Conscience as University of
Minnesota Backs Away from Ideological Screening
Unconstitutional ‘Security’ Fee
for Geert Wilders Event
2 Fall 2009
FIRE Urges Ninth Circuit To
Defend First Amendment on
Campus in ‘Ask God What
Your Grade Is’ Lawsuit
FIRE has filed a friend-of-the-court brief urging the United States Court of Appeals for the Ninth Circuit to uphold a
July 2009 decision by a federal district court finding the Los Angeles Community College District’s (LACCD’s)
speech code unconstitutional. LACCD’s code prohibits, among other things, “generalized sexist statements” and
“actions and behavior that convey insulting, intrusive or degrading attitudes/comments about women or men.”
“Despite over two decades of federal jurisprudence finding policies permitted to stand, it would gravely endanger the free speech rights of
precisely like LACCD’s unconstitutional, LACCD is shamefully LACCD students and exacerbate the free speech crisis on America’s
attempting to deny its students the First Amendment rights to which they college campuses.
are legally entitled,” FIRE President Greg Lukianoff said. “FIRE’s brief
“By continuing to defend an indefensible and unconstitutional speech
explains why the Ninth Circuit must affirm the district court’s decision
code with this appeal, LACCD has proven not only that it does not care
and make LACCD’s sexual harassment policy the latest addition to an
about its students’ First Amendment rights, but also that it doesn’t care
unbroken string of unconstitutional codes struck down in federal court.”
about wasting taxpayer dollars to argue against the Bill of Rights in
The lawsuit against LACCD was filed in the United States District Court court,” said Will Creeley, FIRE’s Director of Legal and Public Advocacy.
for the Central District of California in February 2009 by attorneys from “FIRE is confident that the Ninth Circuit will recognize the
the Alliance Defense Fund (ADF) on behalf of Los Angeles City College impermissible flaws in LACCD’s policy and reject this misguided appeal.”
student Jonathan Lopez. Prior to filing suit, Lopez had been berated in
his Speech 101 class by his professor, who disagreed with Lopez’s
reference to his religious views and experiences. The professor refused to
grade Lopez’s classwork, telling him to “Ask God what your grade is.”
Lopez’s ordeal received national attention.
In July 2009, United States District Judge George H. King granted Lopez
a preliminary injunction barring LACCD from enforcing its sexual
harassment policy, declaring that the policy violated the First Amendment
rights of Lopez and his fellow students by “prohibit[ing] a substantial
amount of protected free speech.” In September 2009, Judge King
denied LACCD’s motion for reconsideration of his earlier ruling. Judge
King observed that LACCD “ha[d] shown no valid reason” to overturn
the injunction, and he characterized LACCD’s arguments as “scattershot
and disjointed.” LACCD then appealed to the Ninth Circuit.
3
FIRE Celebrates Ten
Years with Dinner in
On October 22, 2009, FIRE celebrated
its 10th anniversary with a reception
and dinner at the beautiful Mandarin
4 Fall 2009
Thank you to the more
than 200 friends, donors,
and allies who joined us in
New York to reflect on the
work FIRE has done in the
past ten years and to look
forward to a future where
liberty is a reality on college
campuses. For those
Quarterly readers who
couldn’t make it, know that
we were only able to
achieve this important
milestone because of your
support, and we hope to
see you at our next big
celebration.
5
From the
The Templeton Freedom Award was presented to FIRE at the Atlas Economic Research Foundation’s 2009 Freedom Dinner
& Conference at the Renaissance Mayflower Hotel in Washington, D.C., on November 9, 2009. The dinner’s keynote address
was delivered by FIRE Co-founder and Chairman Emeritus Alan Charles Kors, while FIRE President Greg Lukianoff
participated in a panel entitled “Engaging the Next Generation in the Project of Advancing Liberty” earlier that day.
PLEASE VISIT
6 Fall 2009
CFN Member Gets the College of William & Mary to
Abolish Speech Codes, Receive ‘Green-Light’ Rating
In October, the College of William & Mary eliminated the academic world. Currently, many within the William and
the last of its troublesome policies and FIRE officially Mary administration seem to understand the inherent worth
of allowing free speech on campus. But there are more steps
gave the college’s policies a green-light rating in
that need to be taken to ensure this is maintained and
Spotlight, our speech code database. The change
expanded. The first step must be to reform our speech code,
came after former FIRE intern and Campus Freedom transitioning us from a “red light” to a “green light”
Network member Braum Katz led a reform effort from university, as awarded by the Foundation for Individual
within the student government as Student Assembly Rights in Education (FIRE).’
Secretary of Student Rights to revise all
constitutionally problematic speech codes. In February of 2008, Greg spoke at W&M and called upon the
college to abolish its speech codes and uphold the rights of its
students. Greg’s speech was co-sponsored by the W&M Student
After returning to W&M as a sophomore in the fall of 2007
Assembly’s Department of Student Rights, where Braum then
following his FIRE internship, Braum immediately set to work to
served as Undersecretary of Student Rights for Free Speech
change W&M’s problematic policies, including the policies on
Advocacy.
harassment, discrimination, and distribution and posting. By the
end of the spring of 2008, the W&M administration agreed to
Last month, we received word that W&M had indeed revised a
examine the policies Braum brought to its attention. The Virginia
vague and overbroad Internet posting policy and eliminated a ban
Informer, an independent campus publication, described the
on anonymous postings, and we reported this happy development
importance of Braum’s work for individual rights at W&M at the
on The Torch. We also noted that one problematic policy remained:
time:
the Equal Opportunity Office’s policy on “discrimination”
provided several examples of purported harassment that were
‘Freedom of speech is an individual right that is at the very
actually hypothetical incidents of constitutionally protected
heart of this nation. Such freedoms are something to be
expression. Samantha wrote:
treasured in universities, where new ideas are the lifeblood of
7
New Reprimand Issued Against
Professor for Unspecified ‘Offensive’
Speech Without Any Notice,
Evidence, or Hearing
Under pressure from FIRE, East Georgia College (EGC) has withdrawn an
unfounded charge of “sexual harassment” against a professor who criticized
the school’s sexual harassment policy. EGC President John B. Black
dismissed Professor Thomas Thibeault from campus and had him escorted
from campus by police in August, without a hearing or even knowing who his
accuser was or what the charges or evidence against him were. Thibeault was
finally notified on October 20 that he had been reinstated due to lack of
evidence, but Black has now violated Thibeault’s free speech and due process
rights again by issuing Thibeault a “reprimand” for unspecified “offensive”
speech—again without presenting any notice, hearing, evidence, or witnesses.
Thomas Thibeault
“This case is far from over,” FIRE President Greg a.m. or be fired and have his “long history of sexual also stated that “you must show better judgment
Lukianoff said. “President Black has added to his harassment ... made public.” Black added that Police and discretion in the future when engaging in
blatant abuses of power by reprimanding Professor Chief Drew Durden would escort Thibeault from discussions in the public work setting.” Once again,
Thibeault for his speech, but never bothering to campus and that he had notified the local police that the reprimand failed to provide any evidence,
mention precisely what his offense was. Black has Thibeault should be arrested for trespassing if he notice, hearing, or witnesses.
already retaliated against Thibeault by informing returned. Thibeault was never presented with any
Furthermore, on October 27, Vice President for
him that his contract would not be renewed after charges against him or given a chance to offer a
Academic Affairs Tim Goodman began demanding
the spring semester. The bullying tactics at this defense. Refusing to resign, Thibeault understood
that Thibeault sign a statement that “some of what
college are breathtaking.” that he was fired, and Durden escorted him from
he has said in the past has bothered some people”
campus.
Thibeault’s ordeal started shortly after an August 5, as a condition of his return to work. The statement
2009, faculty training session on the college’s sexual Black also sent Thibeault a letter notifying Thibeault also provided no evidence whatsoever for the claim
harassment policy during which he related a story that his contract would not be renewed for the that “some are fearful that he will lose his temper
about another professor and asked, “What 2010-2011 academic year. Thibeault requested the and do something rash,” a line that appears to be
provision is there in the sexual harassment policy to charges and a hearing on August 28, but Black never intended to disparage Thibeault and mar his
protect the accused against complaints which are fulfilled his promise and the Georgia Attorney reputation.
malicious or, in this case, ridiculous?” Vice General’s Office began to intervene. Black finally
“EGC and President Black have utterly failed to
President for Legal Affairs Mary Smith, who was wrote on October 20 that “I have made the decision
meet their constitutional and moral obligation to
conducting the session, replied that there was no that the evidence does not warrant the charge of
respect freedom of speech, academic freedom, and
such provision to protect the accused, so Thibeault sexual harassment.”
due process,” said Adam Kissel, Director of FIRE’s
responded that “the policy itself is flawed.”
Yet even then, Black compounded the violations of Individual Rights Defense Program. “Black has
Two days later, Thibeault was summoned to Thibeault’s rights, adding that the letter was a punished protected speech without any due process
President Black’s office. According to Thibeault’s “reprimand to you for the use of offensive language whatsoever, and he has threatened further
written account of the meeting, which Black and angry outbursts in your past interactions with disciplinary action if someone else merely sends in
received but has never disputed, Black told your colleagues. This letter is further a warning that, a complaint. Meanwhile, he has not lifted his
Thibeault that he “was a divisive force in the if I receive any complaints ... you may face further retaliatory decision to not rehire Thibeault for the
college” and that Thibeault must resign by 11:30 disciplinary action including termination.” Black next academic year.”
8 Winter 2010
Campus Speech Codes Trend
Lower, but More Than 70 Percent
of Colleges Restrict Free Speech
FIRE has released its 2010 report on campus speech codes, revealing that for the
second year in a row, the percentage of American colleges and universities that
systematically violate students’ and faculty members’ right to freedom of expression
has dropped. However, 71 percent of the 375 campuses analyzed still maintain codes
that grant students less freedom of speech than they enjoy off campus.
Spotlight on Speech Codes 2010: The State of Free Speech on Our Nation’s Spotlight on Speech Codes 2010: The State of Free Speech on Our Nation’s
Campuses reports on policies at 375 of the largest and most Campuses also discusses the emerging trend of universities stifling
prestigious American colleges and universities. FIRE found that open debate on campus by charging student groups onerous and
while the percentage of public campuses that unconstitutionally often unconstitutional security fees for bringing controversial
restrict student speech dropped from 77 percent to 71 percent, the speakers to campus. Such incidents have occurred in the last few
percentage of private campuses that similarly restrict freedom of years at the University of California at Berkeley, University of
speech has risen by 3 points from 67 to 70 percent. Massachusetts Amherst,
University of Colorado at
“It is an ongoing scandal that so many public and private colleges
Boulder, University of
and universities maintain rules that so blatantly flout our
Arizona, and elsewhere.
Constitution and our national traditions of freedom of speech
and academic freedom,” FIRE President Greg Lukianoff said. “Thanks in large part to
“Universities should serve as the ultimate free speech zones for FIRE’s work, the percentage
our society. We are encouraged, though, that the percentage of of universities maintaining
public universities that maintain unconstitutional codes is slowly unconstitutional speech
shrinking.” codes has decreased for the
second year in a row, which
FIRE’s fourth annual report is the largest and most
is heartening,” said Will
comprehensive effort to date both to quantify the proportion of
Creeley, FIRE’s Director of
colleges and universities that restrict free speech and to assess the Download the report at
Legal and Public Advocacy.
severity of those restrictions. The report surveys publicly available thefire.org/code/speechcodereport/
“But it remains completely
policies at institutions ranked in the 100 “Best National
unacceptable that the vast
Universities” and at the 50 “Best Liberal Arts Colleges,” as rated
majority of campuses restrict student speech, betraying the
in the 2008 “America’s Best Colleges” issue of U.S. News & World
university’s role as the ultimate marketplace of ideas. FIRE will
Report. FIRE also researched codes at more than 200 additional
work to eliminate speech codes until no unconstitutional and
major public institutions. The research was conducted between
illiberal policies remain.”
September 2008 and September 2009.
Want more FIRE news and views? Check out The Torch, FIRE’s blog,
for daily updates at www.thefire.org/torch.
9
From the Director of
the Individual Rights
Defense Program:
Universities Have a Long
Way to Go
By Adam Kissel Adam Kissel
When I speak at a college or university, I usually start with an eye-opening list of violations of
individual rights on campus from the past couple of years. Even the sponsors of the lecture often
say something like, “I knew the situation on campus was bad, but I never imagined just how bad!”
There’s the student who was expelled because of a collage of images he The Yale case is a wonderful example of the unintended consequences
posted on Facebook. There’s the one found guilty of racial harassment of censorship. Censors often find, to their chagrin, that banning a word
for reading an anti-Klan book that had burning crosses on the cover. or an idea provides it with a thousand times more notoriety than it ever
The two found guilty of sexually related violence for posting a flyer that would have had on its own. Blogger after blogger has now taken the
parodied gender studies topics. And the one who was banned from e- opportunity to call Yale students, Harvard students, and Yale
mailing fellow students after he encouraged them to join him in administrators “sissies.” Far from re-educating the public to think of the
dropping a course. term as an anti-gay slur, the Yale censors have given new life to a term
that was disappearing from many people’s daily vocabulary.
Then there’s the publication found guilty of racial harassment for its
parody of affirmative action and for publishing uncomplimentary facts The Publishers Weekly book review of John Strausbaugh’s Sissy Nation:
about radical Islam. The improvisational comedy troupe punished for How America Became a Culture of Wimps & Stoopits (2008) states that
posting promotional flyers that some faculty members interpreted as Strausbaugh’s “distaste for our growing culture of fat, soft, stupid,
racist because it reminded them of racial stereotypes from an earlier fearful, whiny, infantile, narcissistic, fatalistic, group-thinking victims
generation. The student government leader found guilty as a spammer emanates from every page.” To the extent that this culture is being
because she e-mailed a selected group of faculty members about cultivated by administrative censors at America’s colleges and
imminent changes to the campus calendar. It goes on and on. universities, FIRE has plenty of work ahead of us. Our universities are
far from being true marketplaces of ideas.
One of my favorite examples of administrators’ abuse of authority in
2009 comes from Bucknell University, where students were prohibited
from holding an “affirmative action bake sale” because an administrator
said it was inappropriate to discuss an issue such as affirmative action in
the public areas of campus. Adam Kissel graduated from Harvard University and from the University of Chicago, where
he served as Student Liaison to the Board of Trustees and earned a master's degree from the
And just a couple of months ago, Yale’s freshman class was pressured Committee on Social Thought. His academic interests include the history and theory of liberal
by Yale deans to pull the design of a democratically chosen anti-Harvard education, the history and theory of rhetoric, and rhetoric's relationship with philosophy. He
T-shirt prior to the Harvard-Yale football game. The T-shirt, quoting a also has served as a professional editor for Nobel laureate James Heckman and for faculty in
novel of F. Scott Fitzgerald’s in which a character says he thinks of a variety of disciplines. Before joining FIRE, Adam was a director of the Lehrman American
Harvard men as “sissies,” was deemed too offensive for fragile Yale Studies Center and the Jack Miller Center for the Teaching of America's Founding Principles.
students to handle. With Sharon Browne, he wrote a Faculty Rights Handbook in 2007. Since joining FIRE,
he has spoken about individual rights on college campuses in Colorado, Indiana, Delaware,
Pennsylvania, Maryland, Wisconsin, and New York. In 2009, he won a First Prize in
education reporting from the National Education Writers Association.
10 Winter 2010
Fanning the Flames:
See What Your Support
Made Possible in 2009!
About the
Publication
The FIRE Quarterly is published four
times per year by the Foundation for The generosity and support of our donors and friends made 2009
Individual Rights in Education. a landmark year for FIRE. We not only celebrated a significant
The mission of FIRE is to defend and milestone with our tenth anniversary, but we also made great
sustain individual rights at America’s
strides in the fight to restore liberty to our nation’s campuses.
increasingly repressive and partisan
colleges and universities. These rights None of this would have been possible without supporters like
include freedom of speech, legal you, and so we want to share with you just a few of the many
equality, due process, religious liberty, accomplishments you helped us achieve in 2009.
and sanctity of conscience—the
essential qualities of individual liberty
and dignity. FIRE’s core mission is to • With your support in 2009, FIRE won 29 public victories for students and faculty
protect the unprotected and to educate members at 26 colleges and universities with a total enrollment of nearly 700,000
the public and communities of students. To date, FIRE has won victories affecting more than 2.7 million students on
concerned Americans about the threats campuses nationwide.
to these rights on our campuses and
about the means to preserve them. • After supporters stepped up at the beginning of 2009 to give to the Campus Freedom
Network (CFN) Matching Gift Fund, FIRE’s grassroots network continued its
FIRE is a charitable and educational momentum as a powerful force for change on campus, adding more than 2,000 new
tax-exempt foundation within the members. With a total membership of more than 3,300 students, faculty, and alumni
meaning of Section 501(c)(3) of the from more than 1,250 schools across the nation, the CFN has grown into such an
Internal Revenue Code. Contributions to effective program that in 2009 FIRE became just the second American organization to
FIRE are deductible to the fullest extent win the Atlas Economic Research Foundation’s Templeton Freedom Award for
provided by tax laws. Student Outreach. This award recognized the CFN’s successful work advancing the
cause of liberty among young minds.
HOW TO REACH US: • FIRE launched an exciting new Legal Transformation Project in 2009, which bridges
our education and defense programs in an effort to generate lasting change in the
repressive culture of our nation’s campuses by reaching out to the policymakers who
have created this culture: college and university administrators. With the help of
ongoing pressure from friends and allies like you, we witnessed a significant drop in the
percentage of schools maintaining unconstitutional speech codes in 2009, and with
your continued advocacy and the launch of this new initiative—which has set the stage
for the 2010 launch of the largest legal push to abolish speech codes in FIRE’s
601 Walnut Street • Suite 510 history—we believe we will see an even greater decrease over the next year.
Philadelphia, PA 19106
215.717.3473 tel
Your support made all this and so much more possible in 2009, and as we move into a new year
215.717.3440 fax
and a new decade fighting to bring liberty and freedom to campuses across the country, we hope
www.thefire.org
you will continue to partner with us by renewing your support.
11
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FIRE thanks all of its supporters for their dedication to FIRE and its mission.
• • •
If you would like to donate to FIRE, please visit www.thefire.org/support or call 215.717.3473.
12 Fall 2009