University of Hawaii at Hilo

University of Hawaii at Hilo – Stand Up For Speech Lawsuit

April 24, 2014

These students were kept from distributing Constitutions on campus.

Student Conduct Code

Speech Code Category: Harassment Policies
Last updated: March 26, 2018

Sexual advances, requests for sexual favors or other behavior of a sexual nature that is unwelcome and sufficiently severe or pervasive that it interferes with a person’s academic or professional performance or creates an intimidating, hostile or offensive educational or employment environment. The behavior can be verbal, non-verbal or physical. Examples include sexual innuendo, spreading sexual rumors, sexual put-downs and jokes, remarks of a sexual nature about a person’s clothing or body, offensive written notes or emails, sexual propositions, insults or threats, leering, whistling, suggestive or insulting sounds and gestures, and touching someone’s body when unwelcome.

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Student Conduct Code

Speech Code Category: Harassment Policies
Last updated: March 26, 2018

Engaging in, or attempting to engage in, any of these behaviors subjects a student to the disciplinary process and sanctions of each campus. … Any conduct which threatens or endangers the health or safety of any person including but not limited to physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and stalking.

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UH Systemwide Policies and Procedures: EP 2.210- Use and Management of Information Technology Resources

Speech Code Category: Internet Usage Policies
Last updated: March 26, 2018

Users may not engage in the transmission of unsolicited bulk email (“spamming”), regardless of how important it may seem to the sender. Email is a form of individual communication, not a public forum, and should not be used to express opinions or forward views to those who have not expressed a wish to engage in the dialog.

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Student Conduct Code

Speech Code Category: Internet Usage Policies
Last updated: March 26, 2018

Theft or other abuse of computer and other electronic facilities and resources, including but not limited to: … Use of computing facilities and resources to send obscene or abusive messages.

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University Housing Policies & Resources: Decorating & Room Alterations

Speech Code Category: Posting and Distribution Policies
Last updated: March 26, 2018

Residents may be required to remove materials that would be deemed offensive by the community ….

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Free Expression on the UH Hilo Campus

Speech Code Category: Protest and Demonstration Policies
Last updated: March 26, 2018

The University of Hawai‘i is committed to the free and open exchange of ideas and affirms the rights of members of the university community to engage in speech and other expressive activity guaranteed by the First Amendment to the U.S. Constitution and by Article I, Section 4 of the Constitution of the State of Hawai‘i. These activities may be conducted at such times and places and in such a manner to assure the orderly conduct and least interference with the University responsibilities as a public institution for higher education and scholarly inquiry.

1. Campuses will implement Section 20-13-6 of the Administrative Rules for the University of Hawai‘i in a manner to permit non-commercial student speech and assembly in all areas generally available to students and the community without first having to apply for or obtain permission from the Chancellor. These generally available areas include open areas, sidewalks, walkways or internal streets, or other similar common areas.

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UH Systemwide Policies and Procedures: EP 1.204- Interim Policy and Procedure on Sex Discrimination and Gender-Based Violence

Speech Code Category: Harassment Policies
Last updated: March 26, 2018

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Want a Copy of the Constitution? Now, That’s Controversial!

August 1, 2016

By Cecilia Capuzzi Simon at The New York Times Passing out the Constitution on campus isn’t the benign activity one might expect, especially when egged on by the Foundation for Individual Rights in Education. The group provides a pocket-size “Student Activist Edition” of the Constitution, which includes directions on how to hand it out and what to do if you get stopped: “Refer administrators to the First Amendment (p. 43)”; “Consider taking a video of the conversation”; “Contact FIRE for further assistance.”… Read more here.

Univ. of Hawaii Student Denied Teaching Certificate Over Controversial Statements

January 8, 2016

By Kyle Plantz at Campus Reform A federal appeals court recently ruled that the University of Hawaii was within its rights to deny a teaching certificate to a candidate based on statements he made about adults having sex with minors and about schoolchildren with disabilities, but some are worried about the precedent this could set for punishing speech. … Read more here.

Hawaii Man’s Opinions on Sex Keep Him From Becoming Teacher

December 29, 2015

By Jennifer Sinco Kelleher at Associated Press HONOLULU (AP) — The University of Hawaii didn’t violate First Amendment rights when it denied a teaching certificate for a Caltech-educated aspiring high school teacher who expressed views condoning adults having sex with minors, a panel of federal appeals court judges ruled Tuesday. Mark Oyama earned a bachelor’s degree in mathematics from the California Institute of Technology and a master’s degree in physics from the University of Hawaii. In 2010, he enrolled in the secondary education certification program at the University of Hawaii’s Manoa campus, which is the state’s only nationally accredited institution […]

Okay to Dismiss Professional School Students for Expressing ‘Views … Deemed Not in Alignment With Standards Set by’ Government Authorities

December 29, 2015

By Eugene Volokh at The Washington Post 1. Mark Oyama was a student at the University of Hawaii’s secondary school teacher certification program. In the course of his studies, he made various statements — in class assignments and to teachers outside class — about (a) adult-child sex and (b) the teaching of disabled children. For instance, Oyama wrote in one paper that “Personally, I think that online child predation should be legal, and find it ridiculous that one could be arrested for comments they make on the Internet. I even think that real life child predation should be legal, provided […]

First Amendment Groups Ask Federal Appeals Court to Overturn Hazelwood-Based Removal of Hawaii College Student

December 11, 2015

By Frank LoMonte at Student Press Law Center Can a student be kicked out of a degree program at a public university because those in charge of his department think his ideas are outside the mainstream of his intended profession? That’s the issue presented by a just-filed case before the Ninth U.S. Circuit Court of Appeals in California, involving a student dismissed from a student-teaching program at the University of Hawaii. The SPLC joined our friends at FIRE, the Foundation for Individual Rights in Education, in filing a friend-of-the-court brief this week in the case of Oyama v. University of […]

Free Speech Review: 22 Significant, Silly, or Otherwise Noteworthy First Amendment Cases From 2014

December 31, 2014

By Elizabeth Nolan Brown at Reason Online What do rap lyrics, ultrasounds, giant rats, condoms, campaign donations, and Game of Thronesmerchandise have in common? In 2014, all have been the subject of First Amendment controversy. I think it’s safe to say that this has been an interesting year for free speech. That this is the sort of banal statement one could make almost every year doesn’t make it any less true for 2014, and perhaps it’s been even more true than usual this year. “I have to say, when I go through the years, every year presents incredibly unique aspects of […]

Unfree Speech on Campus

December 12, 2014

at The Wall Street Journal Soviet dissident Natan Sharansky famously postulated that the test of a free society is the ability to express opinions in the town square without fear of reprisal. Most American colleges wouldn’t pass that test, according to a new report by the Foundation for Individual Rights in Education (Fire). The foundation reports that 55% of the 437 colleges it surveyed this year maintain “severely restrictive” policies that “clearly and substantially prohibit protected speech.” They include 61 private schools and 180 public colleges. Incredibly, this represents progress from Fire’s survey seven years ago when 75% of colleges maintained restrictive […]

FIRE Celebrates Two Victories for Free Speech on Campus in 24 Hours

December 4, 2014

By Aleister at College Insurrection I don’t know if people truly appreciate the work that FIRE does for free speech, particularly at colleges and universities. Congratulations and thank you, FIRE. Second Victory in 24 Hours: College that Suppressed Anti-NSA Petition Settles Lawsuit LOS ANGELES, December 3, 2014—Today, Citrus College in California agreed to settle a student’s free speech lawsuit for $110,000, marking the Foundation for Individual Rights in Education’s (FIRE’s) second victory for the First Amendment in 24 hours. Student Vincenzo Sinapi-Riddle filed the federal lawsuit in July as part of FIRE’sStand Up For Speech Litigation Project. Sinapi-Riddle was threatened […]

UH Settles First Amendment Suit

December 3, 2014

By Colin M. Stewart at Hawaii Tribune-Herald A pair of University of Hawaii at Hilo students is claiming a victory for free speech after the school agreed Tuesday to settle a First Amendment lawsuit filed in April. Merritt Burch and Anthony Vizzone sued the university after an administrator stopped Burch from passing out copies of the U.S. Constitution and another told them to restrict a protest of the National Security Agency to a “free speech zone” on campus. In line with the settlement, the university revised its speech policies systemwide to allow free speech and the distribution of literature in “all […]

Another Victory For Fire

December 3, 2014

By Editor at Minding The Campus The Foundation for Individual Rights in Education (FIRE) has just scored yet another victory for free speech. In a sadly familiar case, the University of Hawaii at Hilo prevented students Merritt Burch and Anthony Vizzone from handing out copies of the US Constitution. A UH adminstrator told them they could only conduct such advocacy in a limited “free speech zone,” adding that “this isn’t really the ’60s anymore.” Additing insult to injury, the area they designated as a “free speech zone” was often flooded. With the help of FIRE’s attorneys, Burch and Vizzone successfully […]

U of Hawaii Agrees To New Free Speech Policy

December 3, 2014

By The Associated Press at Seattle Post-Intelligencer HONOLULU (AP) — The University of Hawaii revised its free-speech policy and will pay $50,000 to settle a lawsuit filed by two students who claimed their rights were violated. University of Hawaii, Hilo students Merritt Burchand Anthony Vizzone sued after an administrator stopped Burch from passing out copies of the U.S. Constitution. A second administrator told Burch and Vizzone to move their protest against spying by the National Security Agency to a “free speech zone” at the edge of the campus, the Honolulu Star-Advertiser (http://bit.ly/1vjWs7v) reported. The revised free speech policy allows free speech and distribution […]

Update: University Settles Speech-Squelching Lawsuit, Changes Policies

December 2, 2014

By Greg Piper at The College Fix Rather than continue explaining why the U.S. Constitution is so offensive that students can’t pass it out in most public areas on campus, the University of Hawaii-Hilo settled a lawsuit brought by students with the help of the Foundation for Individual Rights in Education. As The College Fix previously reported, the school adopted an interim policy that suspended the anti-speech measures after the lawsuit was filed this spring. To recap, according to FIRE: Students Merritt Burch and Anthony Vizzone sued UH after one administrator stopped Burch from passing out copies of the U.S. Constitution […]

FIRE’s Mounting Lawsuit Attacks Bringing Free Speech Back to College Campuses

September 24, 2014

By Nat Hentoff at CATO Institute In what may become the most compelling free-speech campaign in our educational history, FIRE (Foundation For Individual Rights in Education) has embarked on a lawsuit campaign to restore and guarantee the existence of free speech on our college campuses. Speaking before the National Press Club in Washington on July 1, Greg Lukianoff, President of FIRE, first focused on speech codes that ban from college campuses such offensive speech as “inconsiderate jokes” and “inappropriately directed laughter” and — believe it or not — passing around copies of the Constitution. Yes, our Constitution! These speech codes also […]

Colleges: Drop Your Speech Codes

August 8, 2014

By David Moshman at The Huffington Post This summer, the Foundation for Individual Rights in Education (FIRE) initiated four new First Amendment lawsuits against college censors. Additional lawsuits will follow, it announced, until unconstitutional speech codes, which are common across the nation, have been eliminated. How should college officials respond? Here’s some free advice: Join the quest for intellectual freedom in higher education. Eliminating a speech code costs nothing, will make you look good, may avoid a lawsuit and, best of all, is the right thing to do. I will elaborate on these four reasons below. But first, let’s look more closely at college […]

University of Hawaii Reverses Course on ‘Free-Speech’ Zone

May 30, 2014

By Bob Kellogg at OneNewsNow Facing a lawsuit, a university in Hawaii has done an about-face and is doing away with its unconstitutional, restrictive speech zone. In addition to confining students to a tiny “free-speech” zone, University of Hawaii at Hilo officials prevented a student from handing out copies of the U.S. Constitution, prompting the lawsuit. Reading from a university statement, Foundation for Individual Rights in Education spokesman Robert Shibley says the university will now “permit students to approach others on campus,” and allow them to distribute literature in areas used by students and others. “So that’s a really big step forward for […]

Free-Speech Battle Hits the Big Island

May 13, 2014

By Bob Kellogg at OneNewsNow Two University of Hawaii-Hilo students filed a lawsuit in late April alleging that Campus Student Center director Ellen Kusano prevented them from leaving their tables to hand out copies of the Constitution during an outside event in January where student groups had set up tables to distribute literature. Robert Shibley of the Foundation for Individual Rights in Education (FIRE) says other students are now complaining Kusano interfered with student elections. “This latest complaint has to do with student elections and how the UH-Hilo authorities are preventing students from freely passing out election-related materials,” says the FIRE spokesman. “These are all very core […]

Free Speech Zones on College Campuses Restrict Free Speech

May 2, 2014

By James D. Kellogg at Brenner Brief GLENWOOD SPRINGS, Colorado, May 2, 2014 – Another university with a “free speech zone” policy faces a lawsuit for restricting the First Amendment rights of students. Two students at the University of Hawaii at Hilo filed a lawsuit in federal court on April 24, 2014, claiming administrators ordered them to stop handing out copies of the U.S. Constitution. The plaintiffs, Merrit Burch and Anthony Vizzone, are challenging the denial of their right to hand out literature and UH Hilo’s free speech zone policy. The complaint states that on January 16, 2014, Ms. Burch and Mr. Vizzone, members of the UH […]

YAL Activists Sue University for Violating Their First Amendment Rights

April 30, 2014

By Jason Pye at United Liberty Merritt Burch and Anthony Vizzone, student activists associated with Young Americans for Liberty, were stopped by administrators at the University of Hawaii-Hilo from passing out copies of the Constitution to their classmates, and now they’re suing the school for violating their First Amendment rights: The complaint alleges that on January 16, 2014, plaintiff Merritt Burch, who is president of the UH Hilo chapter of Young Americans for Liberty (YAL), and a fellow student YAL member were participating in an outdoor event where student groups set up tables to distribute literature. Observing other students walking around and handing out […]

Students Sue University of Hawaii Over Constitution

April 29, 2014

At NewsFix HILO, HI – Is this a new low for a so-called institution of higher learning? Two members of the Young Americans for Liberty chapter at University of Hawaii-Hilo are suing the school, claiming they had to say ‘aloha’ to their first amendment rights. According to the Foundation for Individual Rights in Education, or FIRE, the students were prevented from handing out copies of the Constitution at a recruitment event in January. The students say the university told them they could only distribute literature in the ‘Free Speech Zone,’ described by students as a muddy area on the edge of […]

Hawaiian University Sued For Blocking Students From Passing Out Copies Of The Constitution

April 26, 2014

By Clarke Reilly at The Huffington Post Two students from the University of Hawaii at Hilo are suing the school, claiming their constitutional rights were violated when they were barred from handing out copies of the United States Constitution. In a federal lawsuit filed Thursday, Merritt Burch and Anthony Vizzone claim their First Amendment right to free speech was infringed upon during a January event where school officials stopped them as they passed out copies of the Constitution, according to Fox News. Burch and Vizzone, who were there to represent the campus’ chapter of Young Americans for Liberty, were told that campus […]

‘Free Speech Zones’ on Campus: Hawaii to Harvard Fear Tomorrow’s Free Thinkers

April 26, 2014

By Jacquie Kubin at Communities Digital News WASHINGTON, April 26, 2014 — What does the school  where you are sending your student and your money stand for? According to Howard Kurtz at the Washington Post, colleges are dens of liberal ideology: “By their own description, 72 percent of those teaching at American universities and colleges are liberal and 15 percent are conservative, says the study being published this week. The imbalance is almost as striking in partisan terms, with 50 percent of the faculty members surveyed identifying themselves as Democrats and 11 percent as Republicans.” A 2011 New York Times article by John Tierney suggests that those percentages […]

Hawaii: Student Sues University System Over “Free Speech Zone” Violation

April 25, 2014

At PanAm Post After she was denied her right to distribute copies of the US Constitution on her college campus, University of Hawaii student Merritt Burch (joined by fellow student Anthony Vizzone) exercised another right on April 24: the right to sue university in federal court, with the assistance of the Foundation for Individual Rights in Education (FIRE). Burch is president of her Young Americans for Liberty chapter, a pro-liberty organization for US college campuses. On January 16, she and a fellow YAL member were walking around passing out copies of the Constitution and YAL information cards, when a UH administrator ordered the […]

University of Hawaii (Hilo): Our Students are Easily Intimidated, Need to be Protected from People Handing out Literature

April 25, 2014

By Eugene Volokh at The Washington Post From the University of Hawaii (Hilo) Registered Independent Student Organization Handbook: When using a public venue, RISOs may not approach people to solicit them. Although we support a diverse intellectual and social atmosphere on campus, we also believe that each person should be able to freely choose whether to listen to your solicitation or not. And the university seems to be enforcing this, apparently ordering students to stop distributing copies of the Constitution. (“Solicit” here thus doesn’t mean just solicitation of funds, but also covers offering literature; see paragraphs 21-23 of the Complaint in the just-filed Burch […]

College Administrators to Students: Stop Giving Away Free Copies of the Constitution

April 25, 2014

By Daniel Doherty at Townhall.com Remember when America’s colleges and universities used to be places of free inquiry, open dialogue, and intellectual development? I’m seriously beginning to wonder: are those days long gone? Apparently, even the First Amendment right to hand out free copies of the U.S. Constitution on college campuses is under assault. Thankfully, however, not every college student is backing down without a fuss (viaFIRE):  A student ordered by administrators to stop handing out copies of the U.S. Constitution at the University of Hawaii at Hilo has filed a lawsuittoday in federal court. Merritt Burch is suing the University […]

University Students Sue for Right to Distribute Copies of the Constitution on Campus

April 25, 2014

By Richard Berkow at BizPac Review That pesky First Amendment keeps getting in the way of people who want to trample it. At the University of Hawaii, Hilo, two students were prevented from distributing copies of the Constitution – that wretched document guaranteeing freedom of speech, freedom of the press, freedom of assembly and stuff like that – and now they’re suing the university, reason.com reports. Merritt Burch, president of the Young Americans for Liberty chapter at UH, and Anthony Vizzone, another member, were stopped by school officials on a campus information day, because, instead of staying behind their outdoor table, they joined others in walking around to distribute copies of America’s most […]

Hawaii Students Sue University for Barring Distribution of Pocket Constitutions

April 25, 2014

By Andrew Johnson at National Review Online Two Hawaii college students are taking legal action against the state’s university system after administrators prevented them from distributing pocket-Constitution booklets on campus. The incident took place at an outdoor campus event in January at the University of Hawaii, Hilo, where students were handing out material were handing out material about their organizations, according to the plaintiffs, Merritt Burch and Anthony Vizzone. An administrator told Burch and Vizzone, both members of the university’s Young Americans for Liberty chapter, that they were not allowed to hand out the Constitutions. Later, the university would tell the students […]

Students Sue UH-Hilo for Violating First Amendment Rights

April 25, 2014

At Big Island Video News HILO, Hawaii – Two University of Hawaii students are suing UH-Hilo for allegedly violating their First Amendment rights. Merritt Burch and Anthony Vizzone – both involved in the UH-Hilo chapter of Young Americans for Liberty, or YAL – say school officials stopped them from passing out copies of the Constitution during an event in January. A media release was issued by the nonprofit educational foundation FIRE – the Foundation for Individual Rights in Education – which is assisting the plaintiffs with the lawsuit. The complaint alleges that on January 16, 2014, plaintiff Merritt Burch, who is […]

Students Sue Hawaii University Over Freedom of Speech

April 25, 2014

By Reuters at The New York Times  HONOLULU — Two students are suing a Hawaii university after they say they were told in January they could not pass out copies of the Constitution to fellow students, in a lawsuit accusing the school of violating their First Amendment rights to free speech. In a complaint against the University of Hawaii at Hilo, the students’ lawyers said the school “unconstitutionally restricts access to open areas on campus by requiring students to seek permission to speak at least seven business days in advance.” The complaint, filed on Thursday, added that the areas where […]

Hawaii College Sued for Stopping Students from Handing out Constitution

April 25, 2014

At Fox News Two students at the University of Hawaii at Hilo are suing the school over alleged First Amendment violations after they were told by a campus official that they couldn’t approach fellow students to hand out copies of the Constitution. Merritt Burch and Anthony Vizzone, members of the campus chapter of Young Americans for Liberty, filed the lawsuit Thursday in federal court, alleging that administrators violated their constitutional rights by stopping group members from passing out copies of the document during an outdoor event in January where student organizations had set up tables to distribute literature. The students […]

Hawaiian Students Challenge ‘Censorship Swamp’ in First Amendment Lawsuit

April 24, 2014

By Greg Lukianoff at The Huffington Post Back in January, two students at the University of Hawaii at Hilo were told by a campus official that they couldn’t approach their fellow students to give them copies of the Constitution. Just a week later, one of the same students was told that if she wanted to engage in political protest, she should go to UH Hilo’s tiny “free speech zone,” which covers just 0.26 percent of campus. Worse still, the free speech zone is far away from where most students congregate (I’ve seen it in person) and occupies a muddy, sloping plain […]

Hawaiian Student Sues After Being Ordered to Stop Handing Out Pocket Constitutions

April 24, 2014

By Katherine Mangu-Ward at Reason Online The always formidable defenders of free speech at the Foundation for Individual Rights in Education (FIRE) filed a lawsuit in federal court today on behalf of a student who committed the heinous crime of handing out wee copies of the U.S. Constitution at the University of Hawaii at Hilo: The complaint alleges that on January 16, 2014, plaintiff Merritt Burch, who is president of the UH Hilo chapter of Young Americans for Liberty (YAL), and a fellow student YAL member were participating in an outdoor event where student groups set up tables to distribute literature. Observing other students walking around […]

ANOTHER University Stops Students from Handing out Constitution

April 24, 2014

By Robby Soave at The Daily Caller Two students are suing the University of Hawaii for violating their First Amendment rights after administrator prevented them from distributing copies of the U.S. Constitution — demonstrating a frightening lack of knowledge about the very legal document they were attempting to censor. Students Merritt Burch and Anthony Vizzone, members of the Young Americans for Liberty chapter at UH-Hilo, were prevented from handing out copies of the Constitution at a recruitment event in January. A week later, they were again informed by a censorship-minded administrator that their First Amendment-protected activities were in violation of […]

On campus, even the Constitution isn’t safe on Constitution Day

September 17, 2018

Much of FIRE’s advocacy on behalf of college students’ civil rights — including freedom of speech, conscience, press, and more — springs from the guidance of a single source: The United States Constitution. But despite its status as the nation’s preeminent founding legal document, some public campus administrators still don’t fully understand the expressive rights it grants to students. In fact, some of the most cringeworthy, eyebrow-raising, and downright ironic FIRE cases to date involve students getting in major trouble for trying to pass out copies of the Constitution itself. In honor of Constitution Day, FIRE looks back at some notable […]

Successful Student Plaintiff Shouts Out FIRE with Graduation Garb

May 13, 2016

University of Hawaii-Hilo (UH) student Merritt Burch had a busy 2014. In January, she was prevented from handing out copies of the U.S. Constitution on campus. In April, she joined with her fellow student Anthony Vizzone to file a First Amendment lawsuit against UH as part of FIRE’s Stand Up For Speech Litigation Project. And in December, UH settled Merritt’s lawsuit, agreeing to pay $50,000 in attorneys’ fees and damages and—most importantly—to change UH policies system-wide. Because of Merritt’s brave decision to stand up for her right to speak out, she protected the First Amendment rights of 59,000 students across […]

Ninth Circuit Cites ‘Professional Standards’ in Allowing University to Punish Student Speech

December 30, 2015

Yesterday, the U.S. Court of Appeals for the Ninth Circuit handed down its decision in Oyama v. University of Hawaii, damaging students’ ability to exercise their First Amendment rights while enrolled in professional certification programs. As FIRE staff members have observed before, universities sometimes punish students (or threaten to punish students) for constitutionally protected expression under the theory that it does not comport with “professional codes” or standards, in cases where students are training to be teachers or nurses, for example. While professional codes may validly regulate professional conduct, they should not be used to restrict a student’s expression of […]

Another Student Stopped From Handing Out Constitutions: Q&A With Anthony Vizzone

June 17, 2015

Anthony Vizzone just wanted to hand out copies of the Constitution and recruit students for his student organization—the University of Hawaii at Hilo Young Americans for Liberty (YAL). But when he crossed the “imaginary boundaries” of his university’s free speech zone, administrators were there to stop him. Anthony wasn’t content to let his expression be quarantined into a tiny “free speech zone” (or perhaps more accurately, a “free speech puddle”). He and his cohorts in UH Hilo’s YAL chapter worked with FIRE to stand up for their speech rights by filing a First Amendment lawsuit against the university. In December […]

Grassroot Institute of Hawaii to Present Award to Stand Up For Speech Plaintiffs

January 29, 2015

People pay attention when you stand up for speech. Tomorrow, the Grassroot Institute of Hawaii will recognize Merritt Burch and Anthony Vizzone with the 2015 Unsung Hero Award for their work challenging speech codes at the University of Hawaii at Hilo. As Torch readers know, Merritt and Anthony were among the plaintiffs in the inaugural batch of First Amendment lawsuits orchestrated under FIRE’s Stand Up For Speech Litigation Project. Thanks to their courageous actions, the University of Hawaii implemented system-wide revisions to their speech policies, restoring expressive rights to 59,000 enrolled students. The event will take place at The Pacific […]

FIRE’s Will Creeley: Vague Professional Codes Threaten Student Speech Rights

January 16, 2015

In the coming months, federal appellate courts are set to decide two important cases about the extent to which colleges can use vague, broad “professional codes” to punish student speech. FIRE’s Will Creeley has the scoop on both of the cases, and he explained why they’re worth watching in The Huffington Post yesterday. First is Keefe v. Adams, the case of a student at Central Lakes College in Minnesota who was expelled from the nursing program for venting some frustrations about classmates on his Facebook page. Administrators labeled the post “behavior unbecoming of the profession and transgression of professional boundaries.” […]

Stand Up For Speech Plaintiffs Celebrated in ‘Honolulu Star-Advertiser’

December 29, 2014

Last Friday, the Honolulu Star-Advertiser celebrated Merritt Burch and Anthony Vizzone, the successful student-plaintiffs in a lawsuit against the University of Hawaii at Hilo, part of FIRE’s Stand Up For Speech Litigation Project. As part of a feature on “Heroes Next Door,” the paper takes nominations for “true unsung heroes” from the community, seeking to “shine a light on their good works.” The article commends the pair of students for defending the right to free expression: Those who take stands in the defense of free speech usually frame it as a protection of substantive and important expressions and ideas. Merritt […]

Media Spreads the Word About Stand Up For Speech Lawsuit Victories

December 10, 2014

Last week, in the space of 24 hours, FIRE’s Stand Up For Speech Litigation Project scored two victories in the fight for First Amendment rights on campus. On December 2, 2014, the University of Hawaii (UH) agreed to a settlement with two students, Merritt Burch and Anthony Vizzone, who had been stopped from passing out copies of the U.S. Constitution and ordered to keep their protest against the National Security Agency inside the Hilo campus’ free speech zone. The next day, California’s Citrus College settled with student Vincenzo Sinapi-Riddle, who sued the school with FIRE’s help after he was forbidden […]

U. of Hawaii Settles Lawsuit Over Handing Out Constitutions

December 2, 2014

HONOLULU, December 2, 2014—In a victory for free speech, the University of Hawaii (UH) agreed today to settle a First Amendment lawsuit filed by two students at UH’s Hilo campus. Students Merritt Burch and Anthony Vizzone sued UH after one administrator stopped Burch from passing out copies of the U.S. Constitution and another told both of them to restrict their protest against National Security Agency (NSA) spying to a tiny, flood-prone “free speech zone.” Burch and Vizzone turned to the Foundation for Individual Rights in Education (FIRE), which coordinated the lawsuit as part of its Stand Up For Speech Litigation […]

FIRE, ADF File ‘Amici’ Brief in Eighth Circuit for Student Expelled for Facebook Posts

November 20, 2014

Yesterday, FIRE and Alliance Defending Freedom (ADF) filed an amici curiae (“friends of the court”) brief (PDF) with the U.S. Court of Appeals for the Eighth Circuit, arguing that a federal district court incorrectly dismissed former Central Lakes College (CLC) student Craig Keefe’s First Amendment lawsuit against the school. Keefe was a nursing student at the public Minnesota college when he landed in trouble for comments he posted on Facebook expressing negative feelings towards his classmates. While his posts included profanity, all of them fell far outside the narrowly defined categories of speech unprotected by the First Amendment, such as […]

University of Hawaii at Manoa Students Want to Follow UH Hilo’s Lead on Free Speech

October 31, 2014

Last spring, the University of Hawaii at Hilo (UH Hilo) did the right thing, albeit under pressure from a First Amendment lawsuit (part of FIRE’s Stand Up For Speech Litigation Project) by two students who had been prevented from handing out copies of the Constitution on campus: The university administration implemented an interim speech policy without a restrictive “free speech zone.” Now, members of other schools within the UH system are taking note. Two guest writers at at student newspaper at the University of Hawaii at Manoa (UH Manoa), Ka Leo, have spoken out against similar unconstitutional policies at UH […]

Constitution Day 2014: What a Difference a Year Makes

September 18, 2014

September 17, 2013—last year’s Constitution Day—turned out to be a dark moment in the history of free speech on America’s campuses. That was the day Robert Van Tuinen was stopped from handing out Constitutions on the campus of Modesto Junior College (MJC) in California. He had neglected to sign up to use the school’s tiny “free speech area,” the only place that a student was allowed to hand out literature. On the same day, an administrator at Citrus College (also in California) told student Vinny Sinapi-Riddle that he could be removed from campus for seeking another student’s signature on a […]

Students Return to Campus Censorship, But Fight Back with FIRE

September 2, 2014

PHILADELPHIA, September 2, 2014—As millions of college students arrive on campus this fall—many for the first time—few of them realize that nearly 59 percent of our nation’s colleges maintain policies that clearly and substantially restrict speech protected by the First Amendment. Too many students will realize that the rights they took for granted as Americans have been denied to them only after they face charges and disciplinary action for speaking their minds. But this year, campus censorship faces a new deterrent: FIRE’s Stand Up For Speech Litigation Project, which aims to finally bring an end to unconstitutional and illiberal speech […]

U. of Hawaii at Hilo Suspends Restrictive ‘Free Speech Zone’ While Lawsuit Proceeds

May 16, 2014

Facing a federal lawsuit from a student who was ordered to stop handing out copies of the U.S. Constitution on campus, the University of Hawaii at Hilo has announced that it will immediately take interim steps to stop requiring students to limit their spontaneous political expression to a tiny “free speech zone.” FIRE coordinated last month’s lawsuit against the university for this and other First Amendment violations on behalf of students Merritt Burch and Anthony Vizzone.

Where There’s Smoke, There’s FIRE: Two More Allegations of Rights Violations at Hawaii-Hilo

May 2, 2014

Last week, two students, supported by FIRE, filed a lawsuit against the University of Hawaii at Hilo for violating their rights to free expression. Since the lawsuit was filed, other students have come forward alleging violations of their rights.

Students Filing Suit against University of Hawaii at Hilo Make a Media Splash

April 28, 2014

News of the lawsuit at University of Hawaii at Hilo has spread far and wide, even appearing in a Reuters article that appeared in dozens of outlets around the country, including ‘The New York Times.’ Be sure to check out these outlets for their coverage of the suit!

Lawsuit! Another Student Ordered to Stop Handing Out Constitutions on Campus Files Suit in Hawaii

April 24, 2014

A student ordered by administrators to stop handing out copies of the U.S. Constitution at the University of Hawaii at Hilo has filed a lawsuit today in federal court. Merritt Burch is suing the University of Hawaii System for violating her First Amendment rights. She is joined as a plaintiff by fellow student Anthony Vizzone.

FIRE and Student Press Law Center File Brief in ‘Oyama v. University of Hawaii’

December 12, 2013

On Monday, FIRE and the Student Press Law Center (SPLC) filed a brief in the United States Court of Appeals for the Ninth Circuit as amici curiae (“friends of the court”), asking the appeals court to reverse the district court’s erroneous and dangerous decision in the case of Oyama v. University of Hawaii. The brief was prepared by noted First Amendment expert Eugene Volokh in conjunction with the University of California, Los Angeles School of Law’s First Amendment Amicus Brief Clinic. The relevant facts are fairly straightforward. Mark Oyama was a student in the University of Hawaii’s (UH’s) teaching certification program, where he was required to complete a student […]