Table of Contents
Temple Speech Code Lawsuit to Go Forward
As reported by the Alliance Defense Fund, a federal district judge recently refused to dismiss a lawsuit challenging a Temple University sexual harassment policy on free speech grounds. The policy in question forbids conduct that “…has the purpose or effect of creating an intimidating, hostile, or offensive environment.”
In refusing to dismiss the lawsuit, the district court relied heavily on Saxe v. State College Area School District, 240 F.3d 200 (3d Cir. 2001), a case in which FIRE collaborated on an appellate strategy. In Saxe, the Third Circuit Court of Appeals (whose jurisdiction includes Pennsylvania) ruled that a harassment policy with the exact same language was unconstitutionally vague and overbroad. As this decision is binding precedent upon the district court, it is unlikely that Temple’s policy will be upheld.
As FIRE has pointed out time and time again, speech codes have been consistent losers when challenged in federal court. Hopefully Temple will realize this and voluntarily drop their immoral speech code before being forced to do so.
To learn more about protecting yourfree speech rights, make sure to check out FIRE’s Guide to Free Speech on Campus.
Recent Articles
FIRE’s award-winning Newsdesk covers the free speech news you need to stay informed.
FIRE statement on Gov. Abbott’s campus anti-Semitism executive order
State-mandated campus censorship violates the First Amendment and will not effectively answer anti-Semitism.
May public officials block critics on social media? It depends, says the Supreme Court.
Supreme Court decisions vindicated FIRE on public officials’ use of personal social media accounts.
She’s back! Strossen’s new and updated edition of ‘Defending Pornography’ — First Amendment News 417
First Amendment News is a weekly blog and newsletter about free expression issues by Ronald K. L. Collins and is editorially independent from FIRE.
Cornell concedes small changes to otherwise substantially restrictive new speech policies
Cornell’s ‘Year of Free Expression’ is shaping up as a mixed bag — at best.