Judge says CSU speech policies raise serious constitutional concerns

December 11, 2007

A federal judge has ordered that the speech policies for all 28 schools in the California State University system be suspended or limited while a First Amendment challenge works its way through the courts.

U.S. Magistrate Judge Wayne Brazil issued the preliminary injunction Oct. 31, saying that the policy contains serious constitutional problems. A written order on the matter was still pending at press time.

“The university is supposed to be the ‘marketplace of ideas,’ but these speech codes, with few exceptions, are selectively applied against Christian and conservative students,” said David Hacker, staff counsel for Alliance Defense Fund, which brought the suit on behalf of several students. “Knocking those codes down, however, benefits everyone who cherishes their First Amendment rights. Today thousands of students throughout the California State University system are more free to speak without fear of punishment by agents of the government...

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