Court denies college's request to dismiss free speech case

[Valin]

Washington Examiner

Andrea Fabián-Checkai

Jan 19, 2018

On Wednesday, California District Court rejected a motion to dismiss a lawsuit against Los Angeles Pierce College and the Los Angeles Community College District on the grounds of First Amendment violations.

Pierce College is a part of the largest community college district in the United States, the Los Angeles Community College District, yet it provides only .003 percent of its 426-acre campus to exercise free expression. In November 2016, Pierce College student and Young Americans for Liberty member Kevin Shaw was handing out copies of the U.S. Constitution when he was approached by a campus administrator and told he could not distribute literature outside of the free speech zone, a space of approximately 616 square feet. Shaw filed a lawsuit against Los Angeles Community College District with the help of the Foundation for Individual Rights in Education and co-counsel Arthur Willner, a partner at Leader & Berkon LLP, on March 28, 2017.

LA Pierce asked the court to dismiss the case on the grounds of their campus policy, but the court ruled that open spaces on LA Pierce’s campus are public forums, “regardless of Pierce’s regulations." Thus, the policy regarding the free speech zone is moot.

 

(Snip)