Court to college: Drop speech ban

Yuba College student Ryan Dozier cited for speaking without permission

A court has told Yuba Community College officials to halt their enforcement of rules banning a student's Christian testimony while the dispute over their threat to expel him moves through the court system, according to the Alliance Defense Fund.

The public interest law firm said a federal judge has issued an order to the school in Marysville, Calif., to temporarily suspend enforcement of the policies under challenge in court.

The order set a hearing in the case for Dec. 12.

"Pending that hearing, the court directs that defendants shall not enforce the current, challenged policies and procedures against plaintiff," the order said.

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As WND reported, Ryan Dozier, the Yuba student, brought a lawsuit after he was cited for speaking on the California campus without a permit. He was warned that a second offense could result in his expulsion.

"Christian students shouldn’t have to face arrest or expulsion for expressing their beliefs on a public college campus," said Heather Gebelin Hacker, the ADF litigation staff counsel. "We are pleased that the court has intervened to prevent the college from continuing to silence Ryan's speech with these unconstitutional policies."

The ADF Center filed its lawsuit over the school's policies that limit student free speech activities to just two hours per week and require a permit to be obtained two weeks in advance.

It was Feb. 27 when Dozier arrived on campus in Marysville, north of Sacramento, to go to class and share a Christian message with fellow students.

"Dozier was approached by a campus police officer, who told him he needed a permit for such activity and that he would be arrested and face expulsion if he continued. The college allows 'free speech' only on Tuesdays and Thursdays between 12 p.m. and 1 p.m., with permission required two weeks in advance," the law firm said.

A few weeks later, Dozier got a certified letter from the school's chief officer, Paul Mendoza, with a copy forwarded to the chief of police.

"I will, at this point, issue you a written warning to not violate the 'Student Code of Conduct' or any rule or college policy pertaining to student conduct, time, place, and manner or other requirements of the college," the letter said. "Should you violate my directive, you will face further discipline up to and including expulsion from the college. Do not let this happen!

"I trust you will adhere to my directive," Mendoza wrote.

The lawsuit challenges the constitutionality of such directives.

"A student peacefully exercising his First Amendment right to speak on campus is committing no crime," Hacker explained. "Yuba College is the one running afoul of the law by unlawfully censoring Christian student speech on campus."

"We look forward to making our argument to the court at the hearing scheduled for Dec. 12," Hacker said.

A spokesman for the college confirmed the policies were under review because of the dispute. The court order also cited the "representation" from the defendants that the "subject policies" are facing amendment.

 

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