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Univ. of South Alabama restricts 'controversial speech'

University limits free speech on campus

Monday, Aug 25, 2014

Attorney sound bites:  David Hacker  |  Kevin Theriot

MOBILE, Ala. — Alliance Defending Freedom filed an amended complaint Friday in a pro-life student organization’s lawsuit against the University of South Alabama.

The university relegated the group’s pro-life display to a small speech zone on campus because it deemed the nature of the event “controversial.” Under the university’s policies, students must also obtain a permit 72 hours in advance in order to use the speech zone.

“Universities are supposed to be the marketplace of ideas,” said ADF Senior Legal Counsel David Hacker. “Free speech should not be censored or limited to a ridiculously small area on campus, nor should students need permission to exercise their constitutionally protected freedom of speech. The First Amendment protects speech for all students in the outdoor areas of campus, regardless of their religious or political beliefs.”

Last October, Students for Life USA requested permission to a hold a “Cemetery of the Innocents” event, which consists of students placing small crosses in the ground to represent the innocent lives lost to abortion. University officials denied the request and said it would need to be held in the campus’s speech zone, even though other groups have exercised free speech on other portions of the campus. At the time, the speech zone was restricted to the Student Center, which was less than one percent of the college’s main campus. Although the university has since expanded its speech zone, it still restricts speech throughout the campus.

The lawsuit, Students for Life USA v. Waldrop, filed in the U.S. District Court for the Southern District of Alabama, explains that the university’s speech policy violates the First Amendment and gives university officials “unbridled discretionary power to limit student speech in advance of such expression on campus and to do so based on the content and viewpoint of the speech.”

“Free, spontaneous discourse on college campuses is supposed to be a hallmark of higher education rather than the exception to the rule,” added ADF Senior Counsel Kevin Theriot. “We hope that the University of South Alabama will revise its policy so that its students can exercise their constitutionally protected freedoms.”

 
  • Pronunciation guide: Theriot (TAIR'-ee-oh)
 
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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RELATED LEGAL MATTER(S)


Legal Documents

Amended complaint: Students for Life USA v. Waldrop
Summary judgment order: Students for Life USA v. Waldrop

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.