Monday, November 9, 2009

ACLU Letter to Chopra

In an extensively documented letter to SWC President Raj Chopra, David Blair-Loy, legal director for the San Diego/Imperial County chapter of the American Civil Liberties Union, outlines how the college's actions and policies violate the First Amendment, California Education Code, and the California Constitution.

These are the primary points of the letter:

1. California law does not allow the college to declare most of the
campus off-limits to free speech.

2. California law does not authorize a prior restraint on college student
speech.

3. The First Amendment narrowly circumscribes the college’s right to
require an advance permit for speech or assembly.

    a. The policy may not delegate excessive discretion and must
    contain a mandatory deadline for issuing a permit.

    b. A permit requirement for small groups is an invalid prior
    restraint.

    c. Any permit requirement must contain an exception for
    spontaneous expression.


4. The college unconstitutionally restricts protected speech.

For the full details, citations, and references to case law, please see the full letter.

And remember the free speech rally coming up this Friday the 13th! (see previous post)

4 comments:

  1. GO BACK TO k-12 CHOPRA!! THAT"S WHERE YOU CAN CENSOR SPEECH YOU SNAKE!

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  2. Did you notice that two of the cases cited in the ACLU letter concern the benighted South Orange County Community College District 100 miles to the north? (Burbridge and Kademi.) Each was a student lawsuit concerning the district "Speech and Advocacy" policy. Attorney Carol Sobel (Santa Monica) handled both cases brilliantly. You might want to contact her.

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  3. Git 'em, ACLU!
    Love it.

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  4. No, WE have to get them! Yesterday Alioto held a "Brown Bagger" meeting, "Bring your lunch and let's talk," oh, and there was "...only room for the first 50 people," {gagging here)! I had to teach so I don't know how many people attended the but I do know that Alioto came out unscathed. Apathy, passiveness, resignation by our teachers? Which is it? No wonder the administration gets away with all but murder!

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