ADF launches new nationwide effort to change unconstitutional policies at public universities--Legal initiative begins with letters to 40 universities across U.S.

News release from Alliance Defense Fund, Thursday, May 03, 2012

LEAWOOD, Kan. — The Alliance Defense Fund has launched a new legal effort to change unconstitutional policies at more than 160 public universities and colleges by sending a first round of 40 letters to schools in 23 states. The schools (including UH Hilo) all have policies that violate the rights of students protected by the First Amendment.

“Public universities should encourage, not censor, the free exchange of ideas,” said ADF Senior Counsel Kevin Theriot. “The objective of this effort is to inform university and college officials of how their policies conflict with the Constitution, as reinforced by numerous federal court rulings, so that the schools can make changes. This gives them the opportunity to respect the constitutionally protected rights of their students without any costly litigation.”

Among the problematic policies are various speech codes and zones that place unconstitutional restrictions on student speech, policies that force student clubs to accept voting members and officers that don’t agree with the clubs’ beliefs, and policies that allow non-religious student groups to use student activity fees but exclude religious student groups even though the students in those groups have contributed to the fees.

The letters have already received some response. For example, Elizabeth City State University in North Carolina has agreed to modify a policy that unconstitutionally limits student expression to a small wooded area on campus.

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ADF “Speak Up” University website

ADF attorney audio: Kevin Theriot

FULL TEXT: ADF Letter to UH Hilo Chancellor Straney