The Alliance Defense Fund, students of Georgia Tech and free speech won a substantial victory in court this week.
On Monday, August 14 a court order went into effect that requires Georgia Tech to repeal and replace a speech code which the ADF said is unconstitutional. The order also prohibits the school from changing the code again for a period of five years unless pre-approved by the court.
“The First Amendment applies to all students on campus, including religious students and students who hold conservative political beliefs. We are glad that we reached a mutually agreeable settlement with the university that respects and protects the fundamental right to free speech,” David French, Senior Legal Counsel of ADF, said in a press release.
The ADF is a legal coalition whose purpose, according to their website, is to: defend the right to hear and speak the Truth through strategy, training, funding, and litigation. In 2005, ADF formed a Center for Academic Freedom to specifically fight for the free speech and religious rights of students attending public universities.
The amended policy listed in Georgia Tech’s Resident Hall Community Policies brochure, that was being sued over, said:
“The following are Acts of Intolerance and are considered unacceptable: A. Any attempt to injure, harm, malign, or harass a person because of race, religious belief, color, sexual/affectional orientation, national origin, disability, age, or gender. B. Direct verbal or physical assaults upon an individual because of their racial, ethnic, or sexual/affectional identity. C. Posting, painting, engraving or otherwise displaying derogatory slogans or symbols on personal or state property…F. Denigrating written/verbal communications (including the use of telephones, emails and computers) directed toward an individual because of their characteristics or beliefs.”
According to the court order, the policy from A to C will now say: “A. Any attempt to harass or to physically injure or harm a person. B. Physical assaults upon an individual because of their racial, ethnic, or sexual/affectional identity. C. Posting, painting, engraving or otherwise displaying any sign, slogan or symbol on State property. Official announcements or other informational material distributed by Georgia Tech are excluded.”
Sections D and E were left unchanged and section F will be deleted.
“I am very pleased,” said French, “This is a big case.”
Recently, a speech code at Penn State University in Pennsylvania was also challenged in court by the ADF, and settled without court order to revise their policies.
Discussing the two cases [GTech and PSU], French said, “I think there is a pretty profound difference. Penn State responded quickly by revising policies promptly and in good faith. Georgia Tech has resisted and evaded change and is trying to minimize this decision. Penn State should be commended for their response, but Georgia Tech has been much more reluctant to protect students’ free speech rights.”
The ADF lawsuit, which was focused on three things: the speech code, discriminatory de-funding of political and religious student groups, and the imposition of a religious orthodoxy through the Safe Space program, will continue to go forward.
Both the ADF and Georgia Tech have “discovery” until December 4th, which means both will continue to collect and submit evidence for their respective sides of the case.
Julia A. Seymour is a staff writer for Accuracy in Academia.
