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David Hacker: A blow to student liberty on Constitution Day

By Alliance Alert

ADF Attorney David J. Hacker writing at Speak Up Movement / University: "In a disappointing setback for college student free speech, the U.S. Court of Appeals for the Ninth Circuit ruled late Friday that Jonathan Lopez does not have standing to challenge the Los Angeles Community College District?s speech code on its face (ADF represents Mr. Lopez) . . . Despite the fact that Lopez must comply with the harassment policy at all times on campus, the Ninth Circuit ruled that he did not have legal standing to pursue his challenge to the facial overbreadth of the policy. The Ninth Circuit?s ruling creates a circuit split with the Third Circuit, which ruled in McCauley v. University of the Virgin Islands (August 2010) that a college student could challenge the facial validity of his university?s speech code even though the code was never applied to silence his speech and even though the student admitted he did not want to engage in the speech restricted by code."

Full post as published by Constitutionally Correct on September 20, 2010 (boomark / email).