Supreme Court Accepts Important College Free Speech Case for Fall Term
As the last official act of its 2019-20 term, the U.S. Supreme Court issued some final orders on Thursday addressing cases which it has been asked to accept. One of the cases it chose to hear and will be addressed in the upcoming term beginning in October has to do with a student sharing his faith on the campus of Georgia Gwinnett College in Lawrenceville, Georgia.
Chike Uzuegbunam was a student at the college in 2016 when he attempted to share his faith on campus. Because he had not reserved nor was standing within one of the two tiny speech zones designated by the school administration for free speech (zones that together made up only a minuscule 0.0015% of campus), he was warned to cease and desist.
Even after he reserved a spot in the appropriate zone, and even received approval for the words he was going to speak, the college forced him to stop because someone complained.
Uzuegbunam brought a First Amendment lawsuit against the college with the help of lawyers at Alliance Defending Freedom. In response to the lawsuit, the college amended its policies, after which two federal courts refused to look at the student’s claim for nominal damages.
Why is that a problem? Free speech violations at the nation’s colleges and universities are ubiquitous, and The Daily Citizen has covered many of those stories. But even when a school administration gets caught violating someone’s rights and changes a policy to avoid a lawsuit, there is no guarantee that the school will not revert to its free-speech-infringing ways down the road. Schools shouldn’t be allowed to escape a more permanent course correction with their policies by simply changing a policy and waiting a couple of years until the affected students graduate.
That’s why the news that the Supreme Court is taking on this case is so important. With so many cases popping up around the country on this very issue, a high court decision setting forth the applicable principles and standards for colleges and universities in future cases will be an important contribution to the entire body of First Amendment law.
We’ll keep you abreast of all the developments in this case as it develops.
The case is Uzuegbunam v. Preczewski.
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ABOUT THE AUTHOR
Bruce Hausknecht, J.D., is an attorney who serves as Focus on the Family’s judicial analyst. He is responsible for research and analysis of legal and judicial issues related to Christians and the institution of the family, including First Amendment freedom of religion and free speech issues, judicial activism, marriage, homosexuality and pro-life matters. He also tracks legislation and laws affecting these issues. Prior to joining Focus in 2004, Hausknecht practiced law for 17 years in construction litigation and as an associate general counsel for a large ministry in Virginia. He was also an associate pastor at a church in Colorado Springs for seven years, primarily in worship music ministry. Hausknecht has provided legal analysis and commentary for top media outlets including CNN, ABC News, NBC News, CBS Radio, The New York Times, the Chicago Tribune, The Washington Post, The Washington Times, the Associated Press, the Los Angeles Times, The Wall Street Journal, the Boston Globe and BBC radio. He’s also a regular contributor to The Daily Citizen. He earned a bachelor’s degree in history from the University of Illinois and his J.D. from Northwestern University School of Law. Hausknecht has been married since 1981 and has three adult children, as well as three adorable grandkids. In his free time, Hausknecht loves getting creative with his camera and capturing stunning photographs of his adopted state of Colorado.