Shippensburg University: Speech Code Litigation

Case Materials

• "Federal Lawsuit Filed against Shippensburg University as School Blatantly Violates Settlement Repealing Unconstitutional Speech Codes," FIRE Press Release, May 7, 2008: A complaint filed in federal court today by attorneys from the Alliance Defense Fund alleges that Shippensburg University has dishonestly reinstituted unconstitutional policies in violation of the terms of a 2004 legal settlement reached with members of FIRE's Legal Network. The 2004 settlement came after the U.S. District Court for the Middle District of Pennsylvania issued a preliminary injunction against the university, ordering Shippensburg's then-president, Anthony F. Ceddia, not to enforce unconstitutional provisions of Shippensburg's code.
• "A Great Victory for Free Speech at Shippensburg," FIRE Press Release, February 24, 2004: FIRE and its Legal Network have won a historic victory for free speech on college and university campuses. Shippensburg University in Pennsylvania, which had so vehemently defended extensive restrictions upon the free speech of its students, has agreed to repeal its unconstitutional speech code.
• "Shippensburg University's Speech Codes (2003)," February 24, 2004
• "Federal Court Orders Shippensburg University Not To Enforce ‘Unconstitutional’ Speech Code," FIRE Press Release, September 5, 2003: A federal court issued a preliminary injunction on September 4, 2003, ordering Shippensburg University President Anthony F. Ceddia not to enforce provisions of Shippensburg's speech code. The court also denied the university's motion to dismiss FIRE's case, allowing it to proceed to trial.
• "Court Order for Shippensburg University, September 4, 2003," September 4, 2003
• "Lawsuit Already Shakes Speech Codes at Shippensburg University," FIRE Press Release, August 22, 2003: As part of its current nationwide effort to free American public colleges and universities from unconstitutional restrictions on speech, FIRE and its Legal Network have challenged Shippensburg University's speech codes in federal court. Although a ruling has yet to be issued, Shippensburg University finds itself unable to defend in public what it wished to do in private and is already dismantling its policies.
• "Affidavit of Walter A. Bair," July 22, 2003
• "Shippensburg University Racism and Cultural Diversity Policy Statement, as Printed May 19, 2003," May 19, 2003
• "Form Response from Shippensburg University to FIRE, April 2003," April 30, 2003
• "FIRE Declares War on Speech Codes," FIRE Press Release, April 23, 2003: Yesterday afternoon, attorneys from FIRE's Legal Network challenged the unconstitutional speech code at Shippensburg University, in Pennsylvania. This lawsuit is the first step in an unprecedented national campaign that will end—through legal action and through public exposure—the scandal of unconstitutional censorship at America's public college and university campuses and that will force private institutions to choose between liberty and tyranny.
• "Complaint Against Shippensburg University," April 22, 2003

Blog Entries

• "Shippensburg Issues Statement on Speech Code Lawsuit, Blames Student Government for Constitutional Violations," Kelly Sarabyn, May 15, 2008
• "Federal Lawsuit Filed against Shippensburg University for Violation of Settlement Repealing Unconstitutional Speech Codes," Adam Kissel, May 7, 2008

Media Coverage

• "Complaint claims Shippensburg U. 'speech codes' discriminated against religious group," Don Aines, Herald-Mail, May 8, 2008
• "Shippensburg sued for reinstating speech codes," Joe Murray, The Bulletin, May 8, 2008
• "When Speech Becomes a Crime," Cinnamon Stillwell, San Francisco Chronicle, June 28, 2006: It seems that putting forward a political or religious viewpoint on campus that is considered politically incorrect is now grounds for persecution and possible expulsion. Students have found themselves so beleaguered by what often appear to be politically motivated witch hunts that they have felt the need to turn to organizations such as the Foundation for Individual Rights in Education for legal assistance.
• "Speech codes make universities intolerant," Charles Mitchell, The Patriot-News (Harrisburg, Pa.), January 5, 2006: How much more data does one need? Arms of the state, including Surra's own alma mater, are enacting and enforcing clearly unconstitutional policies. In plain English, they're breaking the law, at taxpayer expense.
• "Campus Conscience Police?," Wendy McElroy, Fox News, December 21, 2005
• "Bad Frog Beer to 'intelligent design'," Amy Worden, The Philadelphia Inquirer, October 17, 2005: His biggest case until now also was a First Amendment challenge. The student plaintiffs at Shippensburg University in 2003 argued that their rights were violated when the university stopped them from putting up anti-Osama bin Laden posters, saying they were banned under the university's speech code.
• "Wronging student rights," Greg Lukianoff, The Boston Globe, September 3, 2005: As summer ends and college students return to campus, a number of dreadful court decisions may cause them to wonder if their rights have taken a permanent vacation.
• "Liberating America’s Intellectual Gulags," Charles Mitchell, Campus Magazine, April 15, 2005: French, the new President of the Foundation for Individual Rights in Education, graduated from Harvard Law School in the early 1990s. One might say that anyone with similar credentials ought to know the definition of intimidation – but French’s experience is a bit more personal than that.
• "Beware of universities that wear diversity label," Walter Williams, Creators Syndicate, April 14, 2004: In far too many instances, what passes as college life and education today is no less than shameful. Under the name of diversity and political correctness, billions of taxpayer dollars and donor contributions are used to promote what might be charitably called enlightened racism, uniformity of thought and political proselytizing. Let's look at some of it.
• "The Philadelphia Inquirer, USA Today, and the Pasadena Star-News on FIRE," March 3, 2004: Universities still do not comprehend that their contempt for free speech places them far, far outside of the mainstream of American public opinion. In particular, they seem continually surprised that the media, who live or die by the Bill of Rights, understand freedom of expression full well. The March 1 lead editorial of The Philadelphia Inquirer, an editorial in today's USA Today, and yet another editorial in the Pasadena Star-News offer a compelling textbook education, if academic administrators are willing to listen, in the relationship of higher education and freedom of speech.
• "Campus rules overreach," USA Today, March 3, 2004: Following the Sept. 11, 2001, attacks, several students at Shippensburg (Pa.) University put up posters in their dorms depicting Osama bin Laden in a rifle's crosshairs. But school officials ordered the posters removed. The students said they were told the signs might offend other dorm residents.
• "University alters code of conduct in wake of challenge," Don Aines, The Herald-Mail, March 2, 2004
• "Shippensburg University: Freedom of Speech 101," Philadelphia Inquirer, March 1, 2004: Since the beginning, America has struggled with the concept of free speech. It's a great idea in the abstract. But when reality hits - when free speech alarms, threatens and offends - the temptation is to rein it in. But then it's not free speech anymore.
• "Shippensburg agrees to drop speech code rules," The Associated Press, February 25, 2004
• "College relents on speech policy," Joyce Howard Price, The Washington Times, February 25, 2004
• "Shippensburg U. Agrees to Change Conduct Code in Settlement With Advocacy Group," Eric Hoover, The Chronicle of Higher Education, February 25, 2004
• "University agrees to change its speech code," James O'Neill, The Philadelphia Inquirer, February 25, 2004
• "Code of Conduct amended at SU," Akilah Nelson, Chambersburg Public Opinion, February 25, 2004
• "Free speech dilemmas; Free speech 'zones' and 'codes' go from campus to court," Gary Young, National Law Journal, January 12, 2004: The free speech wars continue to be waged on university campuses, producing their fair share of First Amendment litigation.
• "Confronting the campus radicals," Phyllis Schlafly, Copley News Service, January 7, 2004: David Horowitz thinks that anybody who cares about the future should confront the fact that U.S. colleges and universities are the fountainhead of financing for the radical movement in America. He has personally taken up the challenge to do something about this.
• "Survey: many college students fuzzy on first amendment rights," Associated Press, Black Issues in Higher Education, January 1, 2004: PHILADELPHIA -- One out of four college students in a nationwide survey was unable to name any of the freedoms protected by the First Amendment, according to a free-speech watchdog group.
• "College Lite: less filling tastes great?," Andrew Grossman, Townhall.com, October 17, 2003
• "Code of silence: Let's return free speech to college campuses," Hans Zeiger, The Seattle Times, September 20, 2003
• "Stifling freedom," The Washington Times, September 19, 2003
• "Free Speech on Campus?," Hans Zeiger, American Daily, September 15, 2003
• "FIRE Hopes to Incinerate University Speech Codes," Nathan Masters, CNSNews, September 9, 2003
• "College code of conduct rejected," Bill Bergstrom, The Philadelphia Inquirer, September 8, 2003
• "Federal Judge Orders Shippensburg U. Not to Enforce Portions of Its Conduct Code," Eric Hoover, The Chronicle of Higher Education, September 8, 2003
• "Judge issues injunction in free speech case," Tatiana Zarnowski, The Sentinel, September 6, 2003
• "Judge finds college rule infringes speech rights," Joyce Howard Price, The Washington Times, September 6, 2003
• "Court overrules campus speech code," Lou Marano, United Press International, September 5, 2003
• "Ruling expected on lawsuit," Tatiana Zarnowski, The Sentinel, September 3, 2003
• "Campus rights clarification," Terry Eastland, The Washington Times, September 2, 2003
• "Ed. Dept. addresses speech codes," Lina Shustarovich, The Daily Pennsylvanian, August 28, 2003
• "SU dismissed from lawsuit," Tatiana Zarnowski, The Sentinel, August 26, 2003
• "Lawsuit's 'John Doe' identifies himself," Tatiana Zarnowski, The Sentinel, August 2, 2003
• "Speech Codes: Alive and Well at Colleges...," Harvey Silverglate and Greg Lukianoff, The Chronicle of Higher Education, August 1, 2003
• "SU student claims college violated rights," Jim Hook, The Public Opinion, July 30, 2003
• "Grad defends suit," Tatiana Zarnowski, The Sentinel, July 30, 2003
• "'John Doe' plaintiff in college speech-code case ordered to ID self," NEPA News, July 22, 2003
• "Activists Still Fighting War of Free Speech on Campus," John Elvin, Insight Magazine, June 17, 2003
• "Trial By FIRE," Jean Angelo, University Business, June 1, 2003
• "'Speech Code' lawsuit draws SU's ire," Nancy Mace, Record Herald, May 28, 2003
• "War of Words," Beth McMurtrie, The Chronicle of Higher Education, May 23, 2003
• "Speech Pathology," Carl Takei and Harvey Silverglate, The Boston Phoenix, May 23, 2003: FIRE codirector Harvey A. Silverglate and FIRE Program Officer Carl Takei write on campus speech codes and FIRE's speech code litigation strategy in The Boston Phoenix.
• "Speech Pathology," Carl Takei and Harvey Silverglate, The Boston Phoenix, May 16, 2003
• "The Right to Speak Up," The Hartford Courant, May 14, 2003
• "Fire on American Campuses," Richard Cravatts, The Washington Dispatch, May 7, 2003
• "University attacked by rights group," Andrew Schotz, The Herald-Mail Online, May 4, 2003
• "Campus Freedom," Richmond Times-Dispatch, May 4, 2003
• "Free speech not matter of 'acceptability'," The Yuma Sun, May 1, 2003
• "Race, Diversity, Speech Rights, Dress Codes," Scott Norvell, FOXNews, April 28, 2003
• "College taken to court by free-speech group," Jamie Cohen, The Badger Herald, April 28, 2003
• "Don't choke off speech," Omaha World-Herald, April 28, 2003
• "Stifling Speech," The Republican American, April 28, 2003
• "Lawsuit called frivolous," Linda Franz, Shippensburg Sentinel, April 26, 2003
• "Pa. college sued for speech code," Sara Levine, The Daily Pennsylvanian, April 25, 2003
• "University Speech Codes Under Fire," Steve Jordahl, Family News, April 25, 2003
• "University 'Speech Codes' Under Fire," Sue Collins, Plastic, April 25, 2003
• "Campaign Against Campus Speech Codes Begins With a Lawsuit Against Shippensburg U.," Beth McMurtrie, The Chronicle of Higher Education, April 24, 2003
• "Rights group's lawsuit targets Shippensburg University code," Jan Murphy, Patriot-News, April 24, 2003
• "Some see no limits others 'favoritism'," Dan Miller, Patriot-News, April 24, 2003
• "Group takes aim at campus speech codes," James O'Neill, The Philadelphia Inquirer, April 24, 2003
• "Suit Challenges a University's Speech Code," Tamar Lewin, The New York Times, April 24, 2003
• "University Free Speech Bolstered," Michael Fletcher, The Washington Post, April 24, 2003
• "Group Sues Pa. Univ. Over 'Speech Codes'," JoAnn Loviglio, The Associated Press, April 23, 2003
• "University in Pa. sued over speech code," Lou Marano, United Press International, April 23, 2003

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