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ADF launches new nationwide effort to change unconstitutional policies at public universities

Legal initiative begins with letters to 40 universities across U.S.

Thursday, May 3, 2012

ADF attorney sound bite:  Kevin Theriot

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 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.


ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
 

Legal Documents

List: Public universities and colleges responding positively to Alliance Defending Freedom letters

Related Resources

ABOUT Kevin Theriot

Kevin Theriot serves as senior counsel with Alliance Defending Freedom, where he is a key member of the Center for Life Team working to defend pro-life laws and speech and protect medical rights of conscience. He has litigated cases in the areas of religious freedom, the sanctity of life, and marriage and family. Theriot is admitted to the bar in eight states, the U.S. Supreme Court, and numerous other federal courts of appeal and district courts. Theriot received his law degree from Vanderbilt University and has been litigating First Amendment issues since 1993.