GRAND RAPIDS, MI – A student group at Grand Valley State University has filed a federal lawsuit alleging the university unfairly restricts free speech on campus.
The student group, “Turning Point USA at Grand Valley State University,” says GVSU limits expressive activity to “two small speech zones” on campus and requires students to gain prior university permission for free-speech activities.
They say campus police and administrators told students they would be arrested for trespassing when they tried to talk to other students about the First Amendment outside of a designated speech zone.
The lawsuit was filed Wednesday, Dec. 7, in U.S. District Court in Grand Rapids. Alliance Defending Freedom, based in Scottsdale, Ariz., is representing the student group and two students, Tim McKeeby and Joe Tucker.
The lawsuit names university trustees, President Thomas Haas, and two administrators as defendants.
The university said in a statement: “Grand Valley State University embraces the First Amendment and encourages, supports and defends free speech.”
A spokeswoman said that GVSU has not been served with the lawsuit and it does not comment on pending litigation.
The lawsuit said that McKeeby and Tucker and two others were in GVSU’s Cook Carillon Tower speech zone on Oct. 17, and asked other students to write messages on a large beach ball dubbed the “Free Speech Ball.”
When the four started walking on campus sidewalks and talking to students outside of the Student Services building, they were confronted by campus administrators and police, the lawsuit said
They also said their group was treated differently than others.
A month after the confrontation with school officials and police, Tucker saw a large group of students marching and holding signs to protest the election of Donald Trump for president. The protesters were outside of the Student Services building and even went inside for a time without threats of arrest by university officials, Alliance Defending Freedom said.
They contend student speech zones comprise 0.03 percent of campus.
“Public universities, which are supposed to be the ultimate marketplace of ideas, shouldn’t be stifling students on more than 99.97 percent of campus,” ADF attorney Tyson Langhofer said.
He said in the lawsuit that GVSU violated his clients’ rights to free speech, equal protection under the law and due process.
His clients want to use flyers and signs, hold peaceful demonstrations, set up information tables, invite speakers, and talk to other students about rights, and engage in political, religious, social, cultural and moral issues, the lawsuit said.
They contend there are many suitable places for such activity that will not interfere with other activities.
Students who speak without a permit face potentially severe consequences, ranging from a written warning to expulsion, the lawsuit said.
“It is GVSU’s policy – as expressed in the Code of Student Conduct – that students who engage in expressive activities anywhere on GVSU’s campus outside of the two small speech zones have violated the Code of Student Conduct if a University official asks that the students stop such activity and the students do not comply with the request.”
McKeeby formed Turning Point USA in the fall. Tucker joined as a member. They say they set up a table on Oct. 16 in the speech zone when they started walking around campus with the beach ball.
An administrator eventually told them they had to return to the speech zone. Several minutes later, campus police showed up.
“The police officers stated that they would be arrested for trespassing and again ordered them to stop talking with students in that area,” Langhofer wrote in the lawsuit.
On Oct. 28, McKeeby, two student members and another person handed out pocket-size copies of the U.S. Constitution outside of the Student Services building. An administrator told them they were not allowed to speak with students outside of the speech zone.
Campus police reinforced the rule, the lawsuit said.
Two designated areas are considered open forums for individuals or groups. One is the circle drive/sidewalk area around Cook Carillon Tower, while the other is near the Transformational Link sculpture. Use of the spaces require scheduling through the Event Services Office, GVSU’s website says.
Source: www.mlive.com
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