WASHINGTON, D.C. — The Central District Court of California rejected a motion to dismiss Young Americans for Liberty’s lawsuit against Los Angeles Pierce College over their free speech zone which consists of only .003 percent of the campus. The court ruled January 17 that the open spaces of public colleges like LA Pierce are open forums “regardless of Pierce’s regulations,” thereby rejecting the motion to dismiss on the part of LA Pierce administrators. As a result, the lawsuit will proceed forward on the grounds of First Amendment violations.
In November 2016, Los Angeles Pierce College student and Young Americans for Liberty (YAL) member Kevin Shaw attempted to distribute copies of the U.S. Constitution and recruit new members for the YAL chapter at his school, Pierce College. He was approached by a Pierce administrator who told him that he could not distribute literature outside the campus free speech zone, a tiny area on campus measuring approximately 616 square feet and comprising about .003 percent of the total area of Pierce College’s 426-acre campus. If he refused to comply, Shaw was told he would be asked to leave campus.
Kevin Shaw and Young Americans for Liberty, with the Foundation for Individual Rights in Education, filed a lawsuit against Los Angeles Pierce College, challenging Pierce College and Los Angeles Community College District (LACCD) policies that restrict student free speech rights to tiny “free speech zones.” Pierce College is one of nine schools in the LACCD, which is the largest community college district in the United States, serving over 150,000 students.
Ruling that the campus of a public university, including open spaces, are public forums renders LA Pierce College’s free speech zone unconstitutional. As stated in the order, “This characterization makes sense, because after all, what is a university’s purpose but to expose students to new ideas and spark dialogue?”
“It is promising to hear the court upholding the First Amendment and defending Kevin’s right to free speech on campus, despite the university being blissfully unaware of their absurdly limiting policies,” said YAL President Cliff Maloney Jr. “This is exactly why YAL continues to fight the good fight for liberty.”
“The court’s ruling sends an important message to colleges nationwide that still restrict student speech to free speech zones,” said FIRE Director of Litigation Marieke Tuthill Beck-Coon. “The campus is a college student’s public square. It’s their space to be engaged citizens. The public recognizes this. So do courts across the country. Now it’s time for LACCD to follow suit.”
Young Americans for Liberty is spearheading the fight for free speech on America’s college campuses. Through our national Fight for Free Speech campaign, we have revised 30 unconstitutional campus speech policies and restored First Amendment rights to 633,080 students.
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