Federal Court: University of Cincinnati Speech Restrictions on Students Permanently Enjoined

Students supporting “right to work” amendment cannot be arrested for discussing amendment and gathering signatures on campus

Cincinnati, OH – A federal court today permanently enjoined the University of Cincinnati’s blanket prohibition on student political speech on campus as a violation the First Amendment. The ruling, made by Judge Black of the Cincinnati division of the Southern District of Ohio, paves the way for a likely overhaul of many campus speech policies throughout the state and nation.

The ruling also permits members of the student group Young Americans for Liberty (“YAL”) to advocate and collect signatures for the Ohio Workplace Freedom Amendment on campus.

The 1851 Center for Constitutional Law, which also drafted the Workplace Freedom Amendment, took up the students’ case and challenged UC’s policies after UC threatened to arrest student members of YAL if they attempted to gather signatures for the right-to-work cause on campus.

The lawsuit sought recognition that (1) the First Amendment applied to public university property, such as the University of Cincinnati; (2) signature-gathering for petition drives is a protected form of political speech; and (3) UC’s requirement that all UC students register up to 15 days ahead of time before engaging in any political speech on campus violates the First Amendment.

In his June 12 decision preliminarily enjoining UC policies, Judge Black emphasized “It is simply unfathomable that a UC student needs to give the University advance notice of an intent to gather signatures for a ballot initiative. There is no danger to public order arising out of students walking around campus with clipboards seeking signatures.”

In that decision, the Court further ordered UC to craft “more narrowly tailored regulations that regulate student expressive activities . . . only as are necessary to serve a compelling government interest.”

In response, newly crafted University of Cincinnati speech policies permit unfettered free political speech, including signature gathering, by students, without notice to the University, for groups smaller than 25, and regulates only groups of 5,000 or more.

Today’s final order permanently enjoins UC from returning to its old policies, or any variation thereof. The order, an across-the-board rebuke to UC’s policies, enjoins UC from:

• “Requiring prior notification for the solicitation by students of signatures for petitions;”

• “Prohibiting all solicitation by students of signatures for petitions in any designated public forum, including the Free Speech Area, the outdoor spaces described in the MainStreet Event Guide, and campus sidewalks;”

• “Requiring that all student ‘demonstrations, picketing, or rallies’ occur only in the Free Speech Area;”

• “Requiring 5 to 15 days prior notification for any and all student ‘demonstrations, picketing, or rallies’ without differentiations;”

• “Imposing or enforcing any policy restricting student speech in any designated public forum, including the Free Speech Area, the outdoors spaces described in the MainStreet Event Guide, and campus sidewalks, that is not individually and narrowly tailored to serve a compelling university interest.

“We are pleased that the federal court has resolved this matter in favor of free speech, and against government control of young minds. UC is an arm of the state that receives state and federal tax dollars since its inception, all in the name of ‘public education,’” said Maurice Thompson, Executive Director of the 1851 Center.

“It was unwise, and ultimately unconstitutional, for UC to advance public education by shielding its students from actual education on public policy issues that affect all Ohioans. Fortunately, the First Amendment allows us to protect the education of UC students from their educators; it further protects the right of students to calmly address facts and arguments that UC would rather suppress, and to do so without prior permission.”

The 1851 Center and UC students endured four months of procedural tactics, harassing depositions, and frivolous daily letters by UC’s attorneys, after Ohio Attorney General Mike DeWine authorized $200,000 in state funds to the private law firm of Crabbe Brown, a campaign contributor of Mr. DeWine’s, to defend the clearly unconstitutional University of Cincinnati policies. The 1851 Center represents clients at no cost.

Multiple Ohio colleges and universities maintain speech restrictions similar in kind, although not as extensive, as those of the University of Cincinnati – – the Foundation for Individual Rights in Education recently named UC’s speech policies the worst in the nation.

The Court’s preliminary and permanent injunction orders can be viewed HERE.

The 1851 Center for Constitutional Law is a non-profit, non-partisan legal center dedicated to protecting the constitutional rights of Ohioans from government abuse. The 1851 Center litigates constitutional issues related to property rights, voting rights, regulation, taxation, and search and seizures.

The Foundation for Individual Rights in Education (FIRE; thefire.org) is a nonprofit educational foundation that unites civil rights and civil liberties leaders, scholars, journalists, and public intellectuals from across the political and ideological spectrum on behalf of individual rights, due process, freedom of expression, academic freedom, and rights of conscience at our nation’s colleges and universities.

Young Americans for Liberty is a national student membership organization dedicated to recruiting, training, educating, and mobilizing students on the ideals of liberty and the Constitution.

August 26, 2012: The News Record: Court reverses UC free speech policy

August 23, 2012: Huffington Post: District Court: Campuses Can’t Quarantine Free Speech

August 23, 2012: Columbus Dispatch: Judge blocks university’s restrictions on speech

August 23, 2012: Cincinnati.com: Judge bans UC’s free speech policy

August 23, 2012: Daily Caller: U. of Cincinnati loses free speech lawsuit — is another Ohio college next?

August 23, 2012: Ohio Liberty Coalition: Federal court stops University of Cincinnati from restricting students’ free speech, president unexpectedly resigns