ADF tackles SUNY policies stifling free speech at Albany campus
Policies set up bureaucratic roadblock for visitors to discuss their faith with others
Thursday, May 19, 2011
ADF attorney sound bite (5/19/11): Nate Kellum
ALBANY, N.Y. — Alliance Defense Fund attorneys filed a federal lawsuit Thursday to challenge State University of New York policies that impose unconstitutional burdens and cost-prohibitive fees upon visitors who wish to exercise their First Amendment-protected right to free speech on campus.
The policies, enforced by campus officials and police against at least one Christian man, demands that outside speakers who wish to communicate with students or hand out literature must first obtain a permit, secure a certificate of insurance, pay a $50 application fee, wait several weeks, and pay a minimum of $250 to stand on the property where they wish to carry out their message.
“Christian visitors at public university campuses shouldn’t be prevented from expressing their beliefs because of unconstitutional and bureaucratic roadblocks,” said ADF Senior Counsel Nate Kellum. “The First Amendment does not have a cost-prohibitive price tag attached to it.”
James Deferio visited the State University of New York-Albany’s uptown campus and shared his Christian faith with others in various ways for many years. But in April 2009, a campus inspector told Deferio that he could not express his beliefs in any open, outside area where students could be found unless he (1) obtained a revocable permit, (2) provided a certificate of insurance, (3) paid a $50 application fee, (4) waited 30 days before speaking, and (5) paid for the use of campus property (at least $250).
Deferio was also told that he was prohibited from engaging in one-on-one conversations and handing out tracts without permission, even as a Christian individual not affiliated with any organization. After receiving a copy of the restrictive policies, Deferio has not attempted to speak on campus out of fear of arrest.
ADF attorneys argue that the problematic restrictions and fees outlined in SUNY’s “Use of Facilities by Non-Commercial Organizations” policy and two additional SUNY-Albany policies violate the constitutionally protected free speech rights of individuals.
Philip J. Vecchio of East Greenbush, one of more than 2,000 attorneys in the ADF alliance, is serving as local counsel in the lawsuit, Deferio v. Board of Trustees of the State University of New York, filed with the U.S. District Court for the Northern District of New York, Albany Division.
The policies, enforced by campus officials and police against at least one Christian man, demands that outside speakers who wish to communicate with students or hand out literature must first obtain a permit, secure a certificate of insurance, pay a $50 application fee, wait several weeks, and pay a minimum of $250 to stand on the property where they wish to carry out their message.
“Christian visitors at public university campuses shouldn’t be prevented from expressing their beliefs because of unconstitutional and bureaucratic roadblocks,” said ADF Senior Counsel Nate Kellum. “The First Amendment does not have a cost-prohibitive price tag attached to it.”
James Deferio visited the State University of New York-Albany’s uptown campus and shared his Christian faith with others in various ways for many years. But in April 2009, a campus inspector told Deferio that he could not express his beliefs in any open, outside area where students could be found unless he (1) obtained a revocable permit, (2) provided a certificate of insurance, (3) paid a $50 application fee, (4) waited 30 days before speaking, and (5) paid for the use of campus property (at least $250).
Deferio was also told that he was prohibited from engaging in one-on-one conversations and handing out tracts without permission, even as a Christian individual not affiliated with any organization. After receiving a copy of the restrictive policies, Deferio has not attempted to speak on campus out of fear of arrest.
ADF attorneys argue that the problematic restrictions and fees outlined in SUNY’s “Use of Facilities by Non-Commercial Organizations” policy and two additional SUNY-Albany policies violate the constitutionally protected free speech rights of individuals.
Philip J. Vecchio of East Greenbush, one of more than 2,000 attorneys in the ADF alliance, is serving as local counsel in the lawsuit, Deferio v. Board of Trustees of the State University of New York, filed with the U.S. District Court for the Northern District of New York, Albany Division.
- Pronunciation guide: Deferio (Duh-FARE’-ee-oh)
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.