|
Published: November 14, 2008
“Threatened with arrest or expulsion”
Judge tells community college to leave student alone until December court hearing
News release from Alliance Defense Fund
Nov. 13, 2008
SACRAMENTO -- A federal judge has ordered Yuba Community College District officials to temporarily suspend enforcement of policies against a student represented by Alliance Defense Fund attorneys.
 College officials had threatened the student, Ryan Dozier, with arrest or expulsion for sharing his faith on campus in violation of college policies that dramatically restricted free speech. For example, the college prohibits student speech without a permit outside of the school’s “free speech” limits of one hour per day, two days per week.
“Christian students shouldn’t have to face arrest or expulsion for expressing their beliefs on a public college campus,” said ADF litigation staff counsel Heather Gebelin Hacker. “We are pleased that the court has intervened to prevent the college from continuing to silence Ryan’s speech with these unconstitutional policies.”
Dozier arrived on campus in February to attend class and briefly share a Christian message with fellow students, engaging them through tracts, a sign, and conversation along an outdoor walkway. A campus police officer approached Dozier, telling him he needed a permit for such activity and that he would be arrested or face expulsion if he continued.
The college allows “free speech” only on Tuesdays and Thursdays between 12 p.m. and 1 p.m., with permission required two weeks in advance. Dozier later received a certified letter from the college accusing him of assembling without a permit and violating school policy. The letter stated that his activity was the subject of a district police department crime report and that future violation of the directive and Student Code of Conduct would result in further discipline, including arrest and expulsion from the college.
“The college’s policies unlawfully censor student speech on campus,” said ADF litigation staff Counsel David Hacker, who is also working on the case. “We look forward to making our arguments to the court at the hearing scheduled for Dec. 12.”
Dozier is additionally represented by ADF-allied attorney Timothy M. Smith of the Sacramento law firm McKinley and Smith.
Posted Friday, November 14, 2008 12:28 AM By Charles O'Connell
What are these schools teaching students about the future of freedom of speech in our country? That it only exists for those who toe the line and conform with the standard, secular orthodoxy. You pay for these schools. The good PEOPLE of the Yuba Community College District (not its "authorities" who delusionally imagine themselves to be its proprietors), should read the riot act to the elites and de-fund them. Should be easy to do in this age of budget cutbacks. Democracy - use it or lose it.
|
Posted Friday, November 14, 2008 12:57 AM By John F. Maguire
The majority opinion in the Supreme Court case _Tinker v. Des Moines Independent Community School District_ (393 US 503 (1969)) is written by Justice Abe Fortas. Justice Fortas makes three key points: (1) "First Amendment rights, applied in light of the special circumstances of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their Constitutional rights of freedom of speech and expression at the schoolhouse gate. This has been the
unmistakable holding of this Court for almost 50 years." (2) Schools, for their part, must be able to show that students' conduct would "materially and substantially interfere" with the operation of the school. (3) "But, in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression. Any departure from absolute regimentation may cause trouble. Any variation from the majority's opinion may inspire fear. Any spoken word, in class, in the lunchroom, or on the campus, that deviates from the views of another person may start an argument or cause a disturbance. But our Constitution says that we must take this risk...and our history says that it is this sort of hazardous freedom--this kind of openness--that is...the basis of our national strength and of the independence and vigor of Americans who grow up and live in this relatively permissive, often disputatious, society" [cites omitted].
Yuba Community College District officials appear to think otherwise.
|
Posted Friday, November 14, 2008 2:30 AM By Lions
College policies regarding free speech sound like Communist Russia to me...
|
Posted Friday, November 14, 2008 4:30 AM By Leonard
Ryan you are in my prayers. God bless you.
|
Posted Friday, November 14, 2008 5:17 AM By Fr. M.P.
It will be interesting to see how this turns out. with free speech being "allowed" only a couple of hours.
|
Posted Friday, November 14, 2008 8:20 AM By Maria C
Even to arrest him? Wow, how crazy is that!
|
Posted Friday, November 14, 2008 8:45 AM By Lisa
God prevails!
|
Posted Friday, November 14, 2008 10:00 AM By Cindy Piper
They want to outlaw Christianity and America and the world is becoming more atheist and communist everyday. Now with a socialist president it will get worse for our schools, communities, etc. Pray the Rosary and wear your Brown Scapular because we live in dangerous times.
|
Posted Friday, November 14, 2008 10:27 AM By BevC
Our office clerk, a senior and good student at an ostensibly Catholic (really "katholic lite") Chicago college, told me she was "ambivalent" about freedom of speech. She is an English and African Studies dual major. From her discussions with me I gather even American Lit and Shakespeare are taught from a grievance/victimology view point. I blame my fellow Baby Boomers who are now in positions of power throughtout academia. Her profs have taken students to protest on campus speakers who veer from the Leftist position. She has told me that she believes these speakers should "not be on my campus. Let them get a private room off campus if they wish to speak on conservative topics." OH BRAVE NEW WORLD.
|
Posted Friday, November 14, 2008 1:04 PM By Sandra
I understand how all of you feel, however, the school officials are following the letter of the law. It's not their fault.
|
Posted Friday, November 14, 2008 1:32 PM By marc j belllm
free speech between 12pm and 1pm. HA HA HA, this is a joke, right? the first comment is correct, what lesson are we giving to this new generation in regards to our rights. Colleges today are SCARY places, hijacked by left wing brats. This needs to STOP. We need to make universities uncomfortable to these left wing loons, rather than christians and tradionalist.
|
Posted Friday, November 14, 2008 2:12 PM By Bob Martin
A "University" that allows free speech on Tuesdays and Thursdays from 1200 hrs. to 1300 hrs. (that's for one hour each day) with permission to do so required two weeks in advance? Is this a joke?
|
Posted Friday, November 14, 2008 2:42 PM By Janek
Remember Liberals only believe in free speech and inclusiveness only when you agree with them if not look out!!!!!! Hang in there Ryan, Our Lady and Our Lord are with you.
|
Posted Friday, November 14, 2008 3:31 PM By MarkF
This is a warning of what we're going to be in for during the next four years as the Secular Messiah leads an emboldened secular, anti-Christian elite in Congress and the media. What we as Christians have to remember is that we have to fight back for our rights. And we should realize that as clearly as something like this seems wrong to us, the secular, atheistic crowd will actually support it. We shouldn't fool ourselves that the the secular atheists will see anything wrong with stifling speech that they disagree with. When I was in college I got a minor in Russian studies, which included studying the old Soviet Union. We would do well to understand how they saw freedom of the press. They truly believed that they had freedom of the press during the Soviet dictatorship. How was this possible? Their assumption was that there was no freedom to speech, press or assembly if it was bad for the people, as they defined it. We see the same thing in the secular atheistic elites over here. They have defined Christianity as being not just wrong and obsolete, but dangerous to their cherished values. Once that is a given, very few of them will support freedom of speech for Christians. Look what's happening in Canada. They are arresting ministers for what they call, "hate speech", i.e., speech that dares to say that homosexual acts are sinful. We are one step behind Canada in this. We are in this pretty much alone. We can't expect help from the secular elites; we'll have to do it ourselves.
|
Posted Friday, November 14, 2008 3:58 PM By JLS
Bob Martin, back in the 60s even, I experienced this muting of questions at the University of Calif, and again in the 70s. What then was not institutionalized is becoming so.
|
Posted Friday, November 14, 2008 4:11 PM By JLS
Sandra, you prove the point by revealing that you have no concept at all of what freedom of speech or the First Amendment to the Constitution is. Evidently you've never even thought about it ... and this too proves the imitation education running amok in so-called educational institutions. Have you ever heard of the Nuremberg Trials, which followd the end of World War II? German Nazi officials on trial for war crimes would put forward the defense that they were only following orders. More recently, have you ever opened an American history book on the modern era, and discovered that it was politically kicked off at UCBerkeley by Mario Savio who stood on the top of a car in Sproul Plaza at the entrance to the University in 1964 (?), and with throngs of frienzied protestors and riot police, uttered unimaginable four letter words soiling the pristine public mind? This was the landmark event that started our free speech movement. The Democrats were in power then and did all they could to stomp down on free speech. Then four years later at the Democratic Convention in Chicago another major protest occured, the one where young Dan Rather, the now senior media dude, was bloodied by Chicago cops, and all Hell broke loose among the countless thousands of demonstrators. Those being suppressed for speaking freely were driven by Marxism, whereas now those who are the object of suppression are Christians. Tyranny does not respect politics, but uses government in any way possible. There is more, Sandra, to life than feeling. Use your mind and study and think.
|
Posted Friday, November 14, 2008 4:13 PM By JLS
Isn't there a one meter square in the middle of Beijing where people can speak freely?
|
Posted Friday, November 14, 2008 5:14 PM By Akira Yamadori
"Dozier arrived on campus in February to attend class and briefly share a Christian message with fellow students, engaging them through tracts, a sign, and conversation along an outdoor walkway. A campus police officer approached Dozier, telling him he needed a permit for such activity and that he would be arrested or face expulsion if he continued. "
I CUT/PASTED THE ABOVE PARAGRAPH FROM THE ARTICLE.
I HAVE TO SAY THAT AS A YOUNG JAPANESE/AMERICAN CATHOLIC , AGED 27 (IN USA SINCE 1988 WITH FAMILY), THAT THESE AGRESSIVE "BIBLE BASED FUNDAMENTALIST CHRISTIANS", ARE ANNOYIG, OBNOXIOUS, ARGUMENTATIVE, AND AGGRESSIVE. THEY ARE IMPOLITE, DESPARAGING OF OTHER CULTURES, AND INSULTING TO THOSE WHO DO NOT BELIEVE IN THEIR VERSION OF CHRISTIANITY.
THE SCHOOL DID 100% THE RIGHT THING TO WARN THIS STUDENT, WHO APPARENTLY IS A TROUBLEMAKER AND AN AGGITATOR OF SOME SORT.
I WISH THERE WOULD BE A LAW BANNING THESE "christians" FROM HARASSING PEOPLE IN SCHOOLS, MALLS, STORES, AND ON THE STREET. EVEN IN HOSPITALS.
THEY ARE THE MOST INTOLERANT AND FANATICAL GROUP OF PEOPLE I HAVE SEEN. THEY ARE SARAH PALIN'S TYPE OF 'christians".
THEY ARE THE USA VERSION OF THE TALIBAN.
I HOPE THEY ARE SUPRESSED AND BANNED BY LAW.
|
Posted Friday, November 14, 2008 7:44 PM By JLS
Akira Y., if you are comparing a single young man walking around preaching to the Taliban, then you need desparately to hit your history and government textbooks. You are enrolled in such courses, right? Because if not, then you'll never have any idea who rules you. Presently you are ruled under the authority of the United States Constitution, and the government which upholds it. Read it. If you don't like it, either spout off in the very same manner as those you disapprove of, or go and visit the Taliban to learn the difference. Whereas Japan has a great tradition of political correctness, this nation is pretty much the opposite, no matter what the media try to convince you of. America is not the media, but what you are running into in your daily life. Get used to it. As you will find out, the school will be taken to task for its illegal action. This nation was founded by trouble makers and agitators; we know what we're doing. Even you have the legal right to scream your head off in a public place, and no one can legally stop you. Just think, if you stay here long enough and gain citizenship, one day you will be able to vote and add your opinion as one among onehundredmillion other opinions as to who gets to run the country ... in accord with the stipulations of the Constitution. But from the sound of your screaming plea, you've already decided to run for some leftist democratic or leftist republican office ... consider, however, deploying your skills and desires onto a more moral level, much of what you find advocated in this web blog. The human soul can never be silenced ... never has, never will; so why would you want to join such an unpopular campaign?
|
Posted Friday, November 14, 2008 8:25 PM By MarkF
Ladies and gentlemen, this is exactly what we're all talking about here. "You have the right - to think as I tell you!" Thank you, Mr. Yamadori.
|
Posted Friday, November 14, 2008 10:43 PM By Ned
Akira, yes, they can be annoying and aggressive, and even insulting and obnoxious in spreading their falsehoods. Let us Catholics then be forthright and courteous - but just as bold and courageous - in spreading the True Faith. Some will consider our Catholic efforts as intolerant and fanatical, because they reject even the possibility of the existence of Truth, but we must persevere in spreading the Word of God to all - to the lukewarm Catholic, the misguided Protestant, the hostile atheist, for they are all beloved by Christ, and it is God's will we reach out to them. Shame on us if we don't take at least the same risks, make at least the same effort, as those fundamentalists.
|
Posted Saturday, November 15, 2008 7:18 AM By BJ
Free speech would be difficult for the average Japanese to understand for sure. It actually means that the individual has the right to express his or her opinion even if that may not 'be in vogue'. I doubt if he were expressing his feelings that one particular commercial product was better than another, anyone would be bothered in the slightest. But given that he is going against the liberal secular attempts to 'outlaw' and silence traditional religious teachings then it becomes 'intolerable' and 'Taliban'. Why is the word of God so threatening to so many, catholics or otherwise? Ask yourself that and why it makes you want to write in capitals of how it upsets you so? Who do you think is stoking your annoyance ? Our Lord? ...... Unlikely.
|
Posted Saturday, November 15, 2008 6:04 PM By betty
Like some of the rest of you I consider "free speech only on Tuesdays and Thursdays for one hour each time and with permission required two weeks in advance" mildly funny. I'd like to know who the people were who thought that up. They must be the usual humorless type who can't see how funny that sounds to a lot of us.
|
Posted Saturday, November 15, 2008 8:21 PM By Dan
Thank you Akira. You made MarkF a prophet.
|
© California Catholic Daily 2008. All Rights Reserved.
|