Issues of free speech are among the most contentious in our society right now. Everyone feels they have a right to speak their mind, but they’re also likely to take offense when others do the same. Nowhere does this conflict play out more prominently than on college campuses.
If someone at Utah State University (USU) has accused you of misconduct over something you’ve said or some opinion you’ve expressed, it’s important you fight back. The LLF National Law Firm can help. Our Student Defense Team has worked with hundreds of students just like you, protecting them from all types of misconduct allegations. We know your rights, and we can show you how to use the USU system to your best advantage.
First, though, you have to contact us. Call 888-535-3686 today to find out how we can help with your case, or take a few minutes right now and fill out one of our online forms.
Just What is Free Speech?
Credit UC Irvine for maintaining a clear, unambiguous free speech policy. That policy begins and ends with a defense of free speech, while the body explains exactly why free speech is so valuable, especially in an educational context.
Policies are one thing, though. Reality can sometimes be another. It’s not unusual, for example, for a school to zealously defend the right to free expression when it agrees with that expression while simultaneously condemning so-called “offensive” or “hurtful” speech. That’s not the way the First Amendment is supposed to work.
In fact, Cal State-Irvine doesn’t have the best record when it comes to actually defending students’ First Amendment rights. In 2022, for example, the university tried to selectively enforce a ban on political speech via campus email in order to limit what striking graduate students could say about their situation.
The bottom line is that you cannot count on UCI to protect you when you’re charged with a misconduct offense. While the university should rightly dismiss charges that undermine your rights, it doesn’t always do so. This is one reason why you can’t take on the school alone. You need all the help you can get. The LLF National Law Firm is always on your side and ready to stand up to defend you.
The Charges
Another important reason to call on the LLF National Law Firm: free speech cases are never straightforward. After all, UC-Irvine can’t simply charge you with saying something it doesn’t like. You won’t find any Code of Conduct offenses that specifically prohibit your freedom of expression. You will find plenty of offenses that can be stretched to do that, though.
- Physical Abuse: There’s nothing wrong with a prohibition on physical violence. The First Amendment doesn’t provide you a right to do physical harm to others. More problematic is the Code’s prohibition on threats. Again, the university must respond to genuine threats. Overly zealous administrators sometimes define especially passionate speech as “threatening.”
- Harassment: This is another commonly misused Code statute. The university does have an obligation, under federal law, to protect individuals from discrimination and harassment based on protected characteristics like age, sex, religious viewpoint, and race. However, the Supreme Court has ruled that such laws do not abnegate the First Amendment. Even “hate speech” is protected speech.
- Disruption: “Disorderly conduct” and similar charges are the most commonly used charges in free speech cases because they tend to be written so broadly. For example, UC-Irvine bars you from taking any action that interferes with normal university operations. That’s bound to restrict what you can say on campus.
The LLF National Law Firm has handled every conceivable type of allegation, from trespassing to check bouncing. We know how to build a strong defense no matter what the charges. We also know how to recognize when a school is charging a student to keep them quiet, though. Whatever the situation, you can be sure we know how to navigate it.
Investigations and Hearings
The key to navigating a misconduct charge is in making effective use of your due process rights. You’re entitled to a presumption of innocence, for example, and that can be an enormous asset in building your defense. You need to know how to use your rights effectively, though.
- Anyone on campus can lodge a complaint against you. However, the university must believe such a complaint is both credible and actionable before issuing formal charges. Often in free speech cases, it turns out accused students didn’t actually violate school policy.
- The university must provide you with notice of any charges against you. This notice can be crucial to building your defense. It should include the name of your accuser, a description of the complaint, and a list of all your due process rights.
- You have the right to a fair, objective investigation. Again, you are presumed innocent (not responsible). This means investigators must listen to your side of the story, and they must allow you to review any evidence they uncover.
- You are further entitled to defend yourself at a hearing. You should have a chance to argue for your innocence and to present physical evidence and witness testimony. In addition, you may raise questions about any evidence being used against you.
- You are “not responsible” (innocent) until such time as the university can present a “preponderance of evidence” against you. This standard isn’t as strict as “beyond a reasonable doubt,” but it does ensure that decision-makers are more than fifty percent convinced of your responsibility before ruling you’re responsible.
- You also have the right to appeal a “responsible” outcome. Appeals must be based on issues of fairness, though, and are usually limited to procedural errors, new evidence, or disproportionate sanctions.
This outline only begins to touch on the complexities involved in a university defense. Often, success comes down to subtle interpretations of school policy or what questions you ask of witnesses. You’re not alone in defending yourself, though. You have the LLF National Law Firm on your side, and this isn’t our first go-round. We’ve helped hundreds of students just like you, and along the way, we’ve developed a national reputation as the premier student defense firm in the country.
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.