CA community college pays $330k in settlement with conservative students

A California community college will be paying out $330,000 as part of a settlement for seemingly restricting conservative students’ free speech on campus. 

In a complaint filed by the Young Americans for Freedom (YAF) chapter at Clovis Community College in Fresno, California and the Foundation for Individual Rights and Expression (FIRE), the college was accused of violating students’ First Amendment rights. 

Specifically, the complaint lists how in November 2021, YAF members at the college gained permission to post anti-communist flyers, “Freedom Week Flyers,” to bulletin boards on campus. However, Clovis Community College President Dr. Lori Bennett “directed other administrators to take down the Freedom Week Flyers” and told other administrators that if they are asked for a reason for taking them down then they can “let [the students] know that [Vice President of Student Services] Marco [De La Garza] and I agreed they aren’t club announcements.”

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The flyers were taken down from “highly trafficked bulletin boards inside campus buildings,” and students were informed they were allowed to only post flyers onto a “Free Speech Kiosk” on the outskirts of the campus that students “never use.” 

The school also has a “Poster/Flyer Instructions” policy that prohibits flyers with inappropriate language that the administrators utilized to take down the materials. The plaintiffs, however, listed four reasons for why the policy was unconstitutional, such as that it “fails to define or provide any objective standards as constitutes ‘inappropriate or offens[ive] language or themes.’”

A federal court found that the school was in violation of free speech rights on campus, and ordered the college to pay out $330,000 in damages and legal fees to the plaintiffs, in addition to adopting new protective policies for free speech and staff training.

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In an Aug. 2 statement, FIRE called the ruling a “win for campus free speech.” 

Prosecuting attorney Daniel Ortner told Campus Reform: “This victory is a huge win for the free speech rights of over 50,000 students in California. As a result of the court’s decision and the settlement agreement, students in State Center Community College District will no longer be subject to administrators wielding unrestrained power to decide whose views are ‘appropriate’ or ‘offensive’ when they want to post flyers promoting their views.”

Ortner added that the plaintiffs, “Alejandro, Daniel, and Juliette are heroes for being willing to stand up for their rights and the rights of other students. Students should not have their flyers torn down because administrators dislike their political views.” 

“Now, Clovis Community College knows that its students won’t accept the violation of their rights but will fight back and win.”

Campus Reform has contacted Clovis Community College and the Foundation for Individual Rights and Expression for comment. This article will be updated accordingly.