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Candler v. Jenkins

Description:  In October 2012, a student at Louisiana State University decided she wanted to participate in the Pro-Life Day of Silent Solidarity by distributing written materials. After asking where on campus she could hand out literature, the university informed her that she could only do so in “Free Speech Alley,” which is approximately 1,000 square feet of the university’s entire 650 acres. The university also told her that she had to register with the Office of Campus Life prior to distributing any literature to ensure that others had not already reserved the limited spaces in the speech zone.


Wednesday, Jul 3, 2013

Attorney sound bites:  Matt Sharp  |  Jeremy Tedesco

BATON ROUGE, La. — Louisiana State University has adopted a new speech policy in the wake of an Alliance Defending Freedom lawsuit filed on behalf of a student restricted from distributing pro-life material beyond a 1,000 square-foot area on campus. Students can now distribute literature throughout the campus without obtaining prior approval.

“Public colleges and universities should encourage, not shut down, the free exchange of ideas,” said Legal Counsel Matt Sharp. “We commend LSU for promptly revising its student speech policy to clarify that students can freely express themselves on the sidewalks and open spaces at the university.”

In October 2012, a student decided she wanted to participate in the Pro-Life Day of Silent Solidarity by distributing written materials. After asking where on campus she could hand out literature, the university informed her that she could only do so in “Free Speech Alley,” which is approximately 1,000 square feet of the university’s entire 650 acres. The university also told her that she had to register with the Office of Campus Life prior to distributing any literature to ensure that others had not already reserved the limited spaces in the speech zone.

Under the newly clarified speech policy, students are free to distribute literature almost anywhere on campus and without obtaining prior approval.

“The university is supposed to be the marketplace of ideas,” added Senior Legal Counsel Jeremy Tedesco. “LSU’s revised policy now allows students to practice their constitutionally protected freedom of speech as America’s founders intended.”

Larry Bossier, one of nearly 2,300 allied attorneys with Alliance Defending Freedom, served as local counsel in the suit, Candler v. Jenkins, filed in the U.S. District Court for the Middle District of Louisiana.
 
 
Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.
 
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Previous News Releases

Free speech boxed in at LSU
Wednesday, Oct 31, 2012

Legal Documents

Complaint: Candler v. Jenkins
Clarified LSU speech policy: Candler v. Jenkins

Related Resources

ABOUT Matt Sharp

Matt Sharp serves as senior counsel with Alliance Defending Freedom, where he is the director of the Center for Public Policy. In this role, he leads ADF's team of policy experts as they craft legislation and advise government officials on policies that promote free speech, religious freedom, parental rights, and the sanctity of human life. Since joining ADF in 2010, Sharp has authored federal and state legislation, regularly provides testimony and legal analysis on how proposed legislation will impact constitutional freedoms, and advises governors, legislators, and state and national policy organizations on the importance of laws and policies that protect First Amendment rights. He has twice testified before the U.S. Congress on the importance of protecting free speech and religious liberty in federal law. Sharp also authored an amicus brief to the U.S. Supreme Court on behalf of nearly 9,000 students, parents, and community members asking the court to uphold students’ right to privacy against government intrusion. Sharp earned his J.D. in 2006 from the Vanderbilt University School of Law. A member of the bar in Georgia and Tennessee, he is also admitted to practice in several federal courts.