You might assume that if any place in America would be free from censorship, it would be college campuses. After all, colleges and universities are supposed to be bastions of liberality, where the pursuit of knowledge requires that both students and faculty keep open minds.
The thing is, “liberality” these days often only applies to those thoughts and ideas we like. Say something “controversial” or “offensive,” and you can quickly find yourself shut down, even at schools like San Diego State University that purport to support the First Amendment.
If you’ve found yourself accused of some type of misconduct simply because you expressed an unpopular view, the LLF National Law Firm can help. Our Student Defense Team was founded to protect student rights, and we’ve helped hundreds of students just like you challenge a wide range of misconduct allegations. We know what you’re up against, we’re familiar with SDSU processes and procedures, and we’re always on your side.
To find out more about how we can help with your case, call 888-535-3686 today, or take a few minutes right now and fill out one of our online forms.
Towards a Definition of Free Speech
Credit SDSU with maintaining a strongly worded free speech policy that purports to support student rights to expression and even quotes from the First Amendment.
Free speech policies—even strongly worded ones—don’t mean much, though, if they aren’t rigidly enforced. After all, no school is going to advertise that it restricts what students can say. And SDSU’s policy doesn’t include any regulatory authority. There are no consequences listed for those who try to censor campus speech. In fact, the only warnings this policy includes have to do with overstepping the boundaries that protect free speech.
The bottom line is that you cannot count on students, faculty, and administrators at SDSU to respect your First Amendment rights. You never know when a professor will take exception to a viewpoint you express in class or a t-shirt you wear will upset your resident assistant. And while the university should dismiss complaints like these, there’s no guarantee that it will.
The only way to fully protect yourself is to make sure you have the LLF National Law Firm on your side. We know how universities operate, and we know what constitutes a strong defense. Trust us to protect your rights and look out for your best interests.
The Code of Conduct
Again, SDSU’s free speech policy is just a document. Nothing in it carries any concrete weight. On the other hand, the university’s Student Code of Conduct does include a list of enforceable rules and regulations as well as a description of the concrete sanctions you can face for violating these rules and regulations. And the fact is that many Code offenses are written in such a way that they can easily be used to repress free expression.
- Endangerment: Universities don’t just have a right to protect students from physical harm. They have an obligation to do so. The Code doesn’t just bar physical violence, though. It bars “endangerment,” a much broader term. Essentially, you can be charged for any action you take that might potentially harm others. This includes “threats,” a word the Code doesn’t clearly define. Universities sometimes consider perfectly legal speech “threatening” just because it’s expressed passionately.
- Harassment: Similarly, universities should do everything possible to minimize “harassment” on campus. In fact, federal law requires schools to protect individuals based on certain characteristics, including race, sex, religion, and disability status. However, such laws cannot be used to deny a person their First Amendment rights. According to the Supreme Court, even “hate speech” is protected speech.
- Disruption: The most commonly used charges we see in free speech cases have to do with “disorderly conduct” or “disruption.” The Code includes several statutes that bar any type of “interference” with university operations. Here again, it’s relatively easy for an administrator to decide that something you’ve said has violated these prohibitions.
It doesn’t matter what kind of charge SDSU decides to use in your case; if the real intent is to punish you for something you’ve said, the LLF National Law Firm can protect you.
Disciplinary Processes and Procedures
How can we protect you? By showing you how to use the SDSU disciplinary system to your advantage. That system provides you with numerous due process rights, such as the right to a presumption of “non-responsibility” (innocence), and if you know how to employ these rights effectively, they can ensure you get the justice you deserve.
- Anyone on campus can accuse you of misconduct. The university must believe those accusations are credible and actionable, though, before it issues a formal charge. The LLF National Law Firm can sometimes intervene early in a case and remind administrators of your First Amendment rights.
- You are entitled to notice of any charges against you. This notice provides valuable information for building your defense, including a list of your due process rights and a description of the allegations.
- The university must conduct an investigation in order to uncover evidence. Only a “preponderance of evidence” can overcome your presumption of innocence. As part of this process, you have the right to give evidence and explain your side of the situation. You are also entitled to review any evidence investigators uncover related to your case.
- You also have the right to defend yourself at a formal hearing. As part of this hearing, you may offer physical evidence and call witnesses to testify. You may also raise questions about any evidence being used against you.
- Decision-makers in your case must use the “preponderance of the evidence” legal standard to determine your level of responsibility. According to this standard, you are responsible (guilty) only if it seems “more likely than not” that you committed the offense.
- Under SDSU’s disciplinary system, you are entitled to appeal a responsible outcome. However, you must have grounds to do so. That usually means the university committed some procedural error, some new piece of evidence has come to light, or you’re facing a sanction that is disproportionate to the nature of your offense.
The LLF National Law Firm can guide you through these processes from start to finish. We can help you with gathering evidence, for instance, coach you in talking with investigators, and work with you to draft your hearing presentation. Our most important job, though, is ensuring you are treated fairly and that SDSU respects all of your due process rights.
Fight for your Future
If you’ve been accused of some type of disciplinary misconduct over something you’ve said, you don’t want to try to handle the situation on your own. Your educational and professional futures are at stake.
The LLF National Law Firm’s Student Defense Team is committed to your future and to ensuring you get justice. We are skilled negotiators, but make no mistake: we’re ready to fight for you any time you need us.
To find out more about how we can help, contact the LLF National Law Firm today at 888-535-3686. Or, fill out our online questionnaire.