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Pushback: Court rules against college’s attempt to censor students

One poster that Clovis Community College tried to censor
One of the posters that Clovis Community College officials agreed to
“gladly” remove because it made some students “very uncomfortable.”

Bring a gun to a knife fight: A federal judge has issued a preliminary injunction against Clovis Community College in California, ruling that it violated the free speech rights of its students when college officials removed posters put up by students from the college’s Young Americans for Freedom chapter that condemned communism and socialism.

The lawsuit [pdf] was filed for the students by the Foundation for Individual Rights and Expression (FIRE).

The college insists that it reserves the right to remove flyers over “inappropriate or [offensive] language or themes.” The lack of any definition for those vague terms would weigh heavily with the court in granting the preliminary injunction.

FIRE produced emails showing that a college administrator offered to “gladly take down” the flyers after “several people” said that they were “very uncomfortable” with the flyers, including a person who allegedly threatened a “harassment claim” if the posters were not taken down.


The poster above is one example. Nothing in it is false. In fact, it bluntly states the truth about every leftist movement in the past hundred years: each led to genocide and the mass murder of millions. I am thus not surprised the leftists at Clovis found these facts “very uncomfortable” to see, which is why they did what leftists always do, attempt to censor speech they did not like.

The lawsuit also provided evidence that the college administrators had issued conflicting rulings, giving the students permission in some cases and denying it in others — even though the content in all cases was essentially the same — suggesting that the reasoning was based on an effort to silence speech, not block “inappropriate or offensive language.”

The judge’s ruling [pdf] was quite blunt:

[T]he prohibition on “inappropriate or offense language or themes” does not have a core of readily identifiable, constitutionally proscribable speech. The Supreme Court has established that the government may not proscribe speech merely because it offends someone or because it contains an unpopular viewpoint. … Given this irrefutable principle, other courts have found university policies with similar language have no legitimate sweep of constitutionally proscribable speech.

In other words, free speech trumps hurt feelings, and college officials should have known this. Their job is not to make students feel “safe,” but to teach them to handle and consider many opposing viewpoints, even ones they don’t like.

The lawsuit shall now move forward. Interestingly, it does not name the college as a defendant. Instead it is against the actual college officials involved, President Lori Bennett, Vice President of Student Services Marco De La Garza, Dean of Student Services Gurdeep Sihota Hebert, and Senior Student Services Program Specialist Patrick Stumpf. All are liable for both monetary and punitive damages for their actions.

May they be made to pay, and pay big, for their willingness to nullify the Bill of Rights and some of the most basic principles of American freedom.

Conscious Choice cover

Now available in hardback and paperback as well as ebook!

 

From the press release: In this ground-breaking new history of early America, historian Robert Zimmerman not only exposes the lie behind The New York Times 1619 Project that falsely claims slavery is central to the history of the United States, he also provides profound lessons about the nature of human societies, lessons important for Americans today as well as for all future settlers on Mars and elsewhere in space.

 
Conscious Choice: The origins of slavery in America and why it matters today and for our future in outer space, is a riveting page-turning story that documents how slavery slowly became pervasive in the southern British colonies of North America, colonies founded by a people and culture that not only did not allow slavery but in every way were hostile to the practice.  
Conscious Choice does more however. In telling the tragic history of the Virginia colony and the rise of slavery there, Zimmerman lays out the proper path for creating healthy societies in places like the Moon and Mars.

 

“Zimmerman’s ground-breaking history provides every future generation the basic framework for establishing new societies on other worlds. We would be wise to heed what he says.” —Robert Zubrin, founder of founder of the Mars Society.

 

All editions are available at Amazon, Barnes & Noble, and all book vendors, with the ebook priced at $5.99 before discount. The ebook can also be purchased direct from my ebook publisher, ebookit, in which case you don't support the big tech companies and I get a bigger cut much sooner.

 

Autographed printed copies are also available at discount directly from me (hardback $24.95; paperback $14.95; Shipping cost for either: $5.00). Just email me at zimmerman @ nasw dot org.

8 comments

  • Alton

    A Reason for Giving THANKS………….

  • Chris

    New for Clovis Community College – the numbers on the flyer are under counts

  • Jay

    Chris,
    I agree with you on the counts, they do look low. The ones for the Soviet Union are very low, along with the numbers for Cambodia and North Korea.
    The numbers for China, I agree with. With all of Mao’s wacky five year plans that plunged the country into starvation many times so they could make “The Great Leap Forward”, and let us not forget the Cultural Revolution.

  • The poster’s figures don’t account for the many, many people who took a look at the ocean, and decided that, huh, the open sea in an overcrowded small boat is preferably to life here on land. A lot of them didn’t, and still don’t, make it. I’ve wondered how bad life would have to be where that would seem a rational decision.

  • Cotour

    Related, its all related:

    TRUTH REALLY IS STRANGER THAN FICTION

    Two days ago, I sent my very good friend, who happens to be a very nice and caring gay woman some information on something that is interesting me, the recent FTX crypto meltdown. And that conversation was somehow turned into a conversation on the subject of the recent shooting at the gay night club, Club Q, in Colorado.

    And the conversation resolved in this sentence which I was not happy with, and it personally offended me. And as a general rule I am unoffendable, you can not offend me, especially when talking about politics and the like.

    “What are your people afraid of that they’re killing folks?”

    Now that is one damning all-encompassing in one big dirty filthy political basket inaccurate and biased statement.

    *Your* people being in my case a more rational and strong middle Right more Conservative individual. I understand and tolerate some of the “Progressive” argument BUT I reject the magical “Progressive” BS Harry Potter thinking and agenda as a general rule. And if you have ever read anything that I have ever written you clearly understand that as being a fact.

    The vast majority of the rational population in our country, the people who go to work every day and pay for everything, vote, and make the country run are either middle Left (D) or middle Right (R). That is where they and their families live and exist and not on the extremes of either side of the political divide where irrational crazy and mentally ill violence and political manipulators lives and thrives.

    In my response to her I told her that she knew better than to group me in such company with anyone who would do such a violent and mentally ill thing. I also stated that even before she offered it that I forgave her for her irrational and emotional reaction. And that is exactly what happened, she apologized immediately. Teach mutual respect and not hatred and retribution, that is my conclusion and that is how I live my life.

    Which does not mean that you are tolerant of another’s point of view to the point of self-destruction or to the point of suicide, there are hard rational lines to be drawn.

    (I added: It is never a good idea to write about something emotional that you feel so passionately about at 1:30 in the morning and press the send button. Which looking at the time stamp I realized is exactly what she did. We are good.)

    And this morning looking through the news what do I find? The shooter had in 2016 legally changed his name.

    “In a court filing, (The shooter) Aldrich’s public defenders said that their client is non-binary and uses they/them pronouns, referring to the client as ‘Mx. Anderson Aldrich.”

    https://www.dailymail.co.uk/news/article-11459941/Colorado-shooting-suspect-Anderson-Aldrichs-estranged-dad-ex-MMA-turned-porn-star.html

    The young man and his self-hating violent actions apparently are directly related to his parents and the confusion and mental abuse that they brought to the table?

    We are all good, bad or otherwise the *victims* of our parents. And parents try to do the best job that they can for the most part.

    But in the end, we are all on our own and must come to face that fact and figure things out, and some people fail at that task miserably unfortunately.

    Like I said, Truth Really Is Stranger Than Fiction. You just cannot make this stuff up.

  • BLSinSC

    Dang, those friggin Amish youts surely have some odd names!! Maybe iton ‘s not them this time!!

    I do hope that THIS case becomes the PRECEDENT for all the abuses inflicted by the LEFT on FREE SPEECH!!
    Make the PEOPLE personally responsible and let THEM pay the way that the LEFT does NOT like – OUT OF THEIR OWN POCKETS!!

  • Dyspeptic Curmudgeon

    Strategically this may be the correct method of teaching a lesson.
    1) Sue the actors in their personal capacities. Discovery and trial will not disclose that there was a policy which delegated this sort of power to the defendants.
    2) Sue the college and trustees to prevent the college from covering the legal costs of the individual defendants.
    If the college as a matter of law, could not institute unconstitutional policies then it could not have delegated any such power to the individuals, who were clearly acting outside their proper powers, but clothed with the appearance of authority. The college should not cover their actions.

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