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Students Win First Amendment Lawsuit on Constitution Day

Dixie State walks back unconstitutional approval process

September 18, 2015

Students whose flyers were censored by Dixie State University in St. George, Utah, won their First Amendment lawsuit Thursday—on Constitution Day—when a settlement was reached restoring students’ rights to free speech.

Three students filed the lawsuit after their flyers, with unflattering depictions of President Obama, former President George W. Bush, and Cuban revolutionary Che Guevara, were banned by the university.

Dixie State claimed no flyers that "mock" or "disparage" individuals were allowed.

As part of Thursday’s settlement, Dixie State agreed to revise campus policies to meet First Amendment standards. These include the university’s unconstitutional flyer approval process, posting policies, club event policies, and "free speech zone" policy.

The university also must pay $50,000 in damages and attorney's fees and provide training to administrators on the campus’ new speech policies.

"I am absolutely thrilled by the resolution of this case," student-plaintiff William Jergins said in a release. "Students at Dixie State will now be able to benefit from the most rigorous educational environment available: one of free speech and open inquiry."

The Foundation for Individual Rights in Education (FIRE) assisted Jergins and fellow students Joey Gillespie and Forrest Gee in the lawsuit.

All three students are part of the political group Young Americans for Liberty.

Aside from their flyers being censored, the students’ speech was limited to a "free speech zone" on campus—an area previously unknown to other students and campus administrators. The university also required students to get permission to speak several weeks in advance.

"Once the lawsuit was filed, Dixie State quickly came to the table and we were able to work out a settlement that restores the free speech rights of DSU students," said Catherine Sevcenko, FIRE’s associate director of litigation.

FIRE has put colleges and universities across the country on notice.

"It only took three students willing to stand up for their constitutional rights to make it safe for over 8,500 students to speak their minds. But these students' victory won't be limited to the campus of Dixie State University," said Nico Perrino, FIRE’s associate director of communications, in an email.

"After seven straight victories for FIRE's Stand Up For Speech Litigation Project, colleges across the country are on notice that if they violate student rights, there will be students willing to stand up to vindicate them and FIRE will be there to help," Perrino said.

Published under: First Amendment