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ANOTHER university stops students from handing out Constitution
dailycaller.com ^ | April 24, 2014 | Robby Soave

Posted on 04/25/2014 10:44:44 AM PDT by ilovesarah2012

Two students are suing the University of Hawaii for violating their First Amendment rights after administrator prevented them from distributing copies of the U.S. Constitution — demonstrating a frightening lack of knowledge about the very legal document they were attempting to censor.

Students Merritt Burch and Anthony Vizzone, members of the Young Americans for Liberty chapter at UH-Hilo, were prevented from handing out copies of the Constitution at a recruitment event in January. A week later, they were again informed by a censorship-minded administrator that their First Amendment-protected activities were in violation of school policy.

The students were told that they could only distribute literature from within UH-Hilo’s “free speech zone,” a small, muddy, frequently-flooded area on the edge of campus.

Administrators further clarified their level of respect for students’ free speech rights, making comments like, “This isn’t really the ’60s anymore,” and “people can’t really protest like that anymore,” according to the Foundation for Individual Rights in Education.

(Excerpt) Read more at dailycaller.com ...


TOPICS: Culture/Society; US: Hawaii
KEYWORDS: anthonyvizzone; banconstitution; constitution; constitutionban; firstamendment; freespeech; freespeechzone; hawaii; merrittburch
So outrageous. This is no longer America.
1 posted on 04/25/2014 10:44:44 AM PDT by ilovesarah2012
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To: ilovesarah2012

So 1959....


2 posted on 04/25/2014 10:46:23 AM PDT by Paladin2
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To: ilovesarah2012

These students should be armed with the fact that the courts have already ruled that these university restrictions are UNCONSTITUTIONAL!!!

Stick the ruling in the face of the administrators and keep handing out the Constitution!!


3 posted on 04/25/2014 10:47:38 AM PDT by G Larry (The repetition is for the liberal audience....)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; cardinal4; ColdOne; ...

> The students were told that they could only distribute literature from within UH-Hilo’s “free speech zone,” a small, muddy, frequently-flooded area on the edge of campus.


4 posted on 04/25/2014 10:47:49 AM PDT by SunkenCiv (https://secure.freerepublic.com/donate/)
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To: ilovesarah2012

TRANSLATION:

The socialists are power now so you can shut the f*ck up and sit down...


5 posted on 04/25/2014 10:49:20 AM PDT by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: ilovesarah2012

It is complex.

Every private entity can 100% control speech on its own property.

However if this is a State school (I know it is UH, but, for example, the University of California system is more private than public) different rules com into play (including suppression of free speech for the workers who can’t wear campaign buttons, etc.).

I think this is a righteous suit, but it isn’t a legal slam dunk.


6 posted on 04/25/2014 10:49:31 AM PDT by freedumb2003 (Fight Tapinophobia in all its forms! Do not submit to arduus privilege.)
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To: G Larry

>> These students should be armed with the fact that the courts have already ruled that these university restrictions are UNCONSTITUTIONAL!!!<<

I would be interested to read those rulings...


7 posted on 04/25/2014 10:50:39 AM PDT by freedumb2003 (Fight Tapinophobia in all its forms! Do not submit to arduus privilege.)
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To: ilovesarah2012

How in the hell is a designated “free speech zone” promoting free speech. In other words you can say whatever you want as long as you’re locked in a closet.


8 posted on 04/25/2014 10:51:06 AM PDT by kenmcg
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To: All

i’m not a lawyer but first amendment rights means the government can’t make a law to shut you up.
so, that means if you are in a workplace or on a campus, whatever rules are put in place you have to follow, and to use a first amendment argument in that situation is a non sequitur.


9 posted on 04/25/2014 10:52:05 AM PDT by willywill
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To: freedumb2003

What do you think the reasoning would be to prevent students from passing out copies of the U.S. Constitution?


10 posted on 04/25/2014 10:52:37 AM PDT by ilovesarah2012
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To: ilovesarah2012

Let’s face the fact that the admin staff of most colleges (along with most of the lib arts facilty) really don’t deserve to 1) work for any university and 2) work for anything at all beyond ditch digging.

It would appear that universities (STEM depts excluded), the MSM,and politics are the the refuges of those with no talent and no ability to create value to society.


11 posted on 04/25/2014 10:53:19 AM PDT by Da Coyote
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To: willywill

“The students are being represented by Davis Wright Tremaine, the law firm that recently helped a student who was blocked last year from handing out copies of the Constitution win a $50,000 settlement against Modesto Junior College in California.”

http://www.foxnews.com/us/2014/04/25/hawaii-college-sued-for-stopping-students-from-handing-out-constitution/


12 posted on 04/25/2014 10:54:53 AM PDT by ilovesarah2012
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To: ilovesarah2012

State university, state law. It isn’t private property. Free Speech Zones are tyranny.


13 posted on 04/25/2014 10:56:09 AM PDT by Billthedrill
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To: ilovesarah2012
Hawaii is so solid communists Democrats that maybe it would be a good thing to let them secede from America. They have been working on that for years. So Good Bie to arsholes.
14 posted on 04/25/2014 10:56:50 AM PDT by Logical me
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To: ilovesarah2012

>>What do you think the reasoning would be to prevent students from passing out copies of the U.S. Constitution?<<

Private property.


15 posted on 04/25/2014 10:58:10 AM PDT by freedumb2003 (Fight Tapinophobia in all its forms! Do not submit to arduus privilege.)
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To: G Larry

You had me at the first 5 words :)


16 posted on 04/25/2014 10:58:48 AM PDT by doug from upland (Obama and the leftists - destroying our country one day at a time)
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To: ilovesarah2012
"....free speech zone,” a small, muddy, frequently-flooded area on the edge of campus."

"So outrageous. This is no longer America."

you can say that again.....


17 posted on 04/25/2014 11:00:31 AM PDT by MeshugeMikey ( "Never, never, never give up". Winston Churchill)
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To: ilovesarah2012

“This isn’t really the ’60s anymore,” and “people can’t really protest like that anymore,”

Says the former 60s protester. Free speech for me but not for thee. This just goes to prove that the 60s movement was nothing about freedom and all about establishing a totalitarian regime with them in charge.


18 posted on 04/25/2014 11:00:42 AM PDT by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: ilovesarah2012

*What do you think the reasoning would be to prevent students from passing out copies of the U.S. Constitution?*

Knowledge, especially of your RIGHTS, are a danger in the hands of a subject in a totalitarian dictatorship.


19 posted on 04/25/2014 11:00:52 AM PDT by PATRIOT1876
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To: freedumb2003

http://www.bing.com/search?q=free+speech+zones+unconstitutional&pc=MOZI&form=MOZSBR


20 posted on 04/25/2014 11:02:28 AM PDT by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: ilovesarah2012

the whole country is a free speech zone


21 posted on 04/25/2014 11:03:11 AM PDT by GeronL (Vote for Conservatives not for Republicans!)
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To: ilovesarah2012
Obama has stealthily gained enough control over the teacher's unions to actively do as Hitler did in Germany in the 1930's, disband our Constitution as he unlawfully mows it down with his disregard for those laws in and of the United States Constitution.
22 posted on 04/25/2014 11:04:43 AM PDT by yoe (BHO changed the rules without Congressional input making Obamacare Null&Void...EO's arent law....)
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To: MeshugeMikey

bump


23 posted on 04/25/2014 11:06:14 AM PDT by GeronL (Vote for Conservatives not for Republicans!)
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To: ilovesarah2012

Damn. WTF.


24 posted on 04/25/2014 11:06:34 AM PDT by dhs12345
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To: GeronL
Exactly.

And areas that are designated as “non-free speech zones” are exactly where you need free speech.

What are they worried about? Too many people handing out fliers for everything? Heck that is what college is all about.

25 posted on 04/25/2014 11:10:14 AM PDT by dhs12345
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To: Logical me

I would say if not for the USS Arizona and other WW2 memorials/gravesites I’d say sure. The Missouri can be moved.


26 posted on 04/25/2014 11:11:38 AM PDT by Resolute Conservative
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To: willywill
whatever rules are put in place you have to follow

So if my employee manual states that blacks must be called the "N" word then that means I have no choice but to address them as such?

I call BS.

27 posted on 04/25/2014 11:19:12 AM PDT by Eaker (Sweat dries, blood clots and bones heal so suck it up buttercup.)
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To: ilovesarah2012

The Constitution is unconstitutional


28 posted on 04/25/2014 11:40:30 AM PDT by CrappieLuck
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To: ilovesarah2012

Is this a joke? This is crazy.


29 posted on 04/25/2014 11:41:01 AM PDT by lacrew (Mr. Soetoro, we regret to inform you that your race card is over the credit limit.)
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To: kenmcg
In other words you can say whatever you want as long as you’re locked in a closet.

As long as you don't violate the "noise" laws...and your topic has been submitted and approved by the "Student Speech Council," at least 96 hours prior to your speech. Unless of course, your speech topic falls under one of the "Always Approved" topics.

30 posted on 04/25/2014 11:42:58 AM PDT by Lou L (Health "insurance" is NOT the same as health "care")
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To: Eaker

“So if my employee manual states that blacks must be called the “N” word then that means I have no choice but to address them as such?

I call BS. “

there are policies that are followed in any establishment. they would have to be within the law, the example you state would be considered hostile in a work environment and therefore wouldn’t be allowed.


31 posted on 04/25/2014 11:45:54 AM PDT by willywill
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To: ilovesarah2012

This was the first image listed by Bing for "This isn't the 60s anymore."

32 posted on 04/25/2014 11:51:23 AM PDT by fishtank (The denial of original sin is the root of liberalism.)
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To: freedumb2003

” ... the University of California system is more private than public”

The UC system is public, despite the fact that it receives less than half of its funding from the state. Restrictions of speech on public property are viewed very skeptically by the courts.

In this case, UH would have to argue compellingly that some important public purpose (safety, for example) is served by the restrictions.


33 posted on 04/25/2014 12:06:14 PM PDT by riverdawg
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To: ilovesarah2012

Looks like the Choom Gang has struck again!


34 posted on 04/25/2014 12:09:33 PM PDT by ssaftler (I am both ashamed and afraid of my government, Federal AND State. Local not far behind...)
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To: Eaker

>>So if my employee manual states that blacks must be called the “N” word then that means I have no choice but to address them as such?<<

Yes you would, except that would probably be a civil right action on the part of the addressee, not you.

What if you are in a play that uses that word? It is a 100% legitimate demand.

A better example is an employer that won’t allow political posters and buttons. Perfectly acceptable

As long as the rules apply to everyone, an employer has vast control of behaviors on his/her property and/or when you are acting as an employee.

All employment is voluntary on both parties.


35 posted on 04/25/2014 12:12:27 PM PDT by freedumb2003 (Fight Tapinophobia in all its forms! Do not submit to arduus privilege.)
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To: ilovesarah2012
“It’s not about your rights in this case, it’s about the University policy that you can’t approach people,” said Ellen Kusano, director of Student Affairs, according to the complaint.

Nonsense. When has it ever been illegal to simply offer someone printed material? And no university or other entity should be able to enforce such a rule except on private property, and a state university is not private property and those students were definitely authorized to be on that campus.

Can people "approach people" and ask for directions, or for the time, or to bum a cigarette (or a legal joint some places), or for other mundane reasons people often "approach people"?

And everyone has a right to decline whatever someone might approach and request of them.

36 posted on 04/25/2014 12:13:04 PM PDT by Will88
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To: riverdawg

>>In this case, UH would have to argue compellingly that some important public purpose (safety, for example) is served by the restrictions.<<

Agreed and I don’t know why UH is fighting this. Do they not have Legal Counsel to tell them they will probably lose?

The only conclusion I can come to is probably every judge in HI is an uber-liberal and will back the up, USC be damned.


37 posted on 04/25/2014 12:16:55 PM PDT by freedumb2003 (Fight Tapinophobia in all its forms! Do not submit to arduus privilege.)
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To: ilovesarah2012
The students were told that they could only distribute literature from within UH-Hilo’s “free speech zone,” a small, muddy, frequently-flooded area on the edge of campus.

I don't care if it's the prettiest garden in the world, the leftist concept of a "free speech zone" sounds like something from George Orwell. Speech that is confined to an approved zone is not free, and those who accept such a restriction accept the loss of freedom.

38 posted on 04/25/2014 1:24:24 PM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: freedumb2003

A public university is private property? Who does it belong to?


39 posted on 04/25/2014 1:45:51 PM PDT by ilovesarah2012
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To: ilovesarah2012

>>A public university is private property? Who does it belong to?<<

Unfortunately it isn’t that cut and dried. The administrators of a facility can still set rules of conduct. The example I gave of not allowing political posters, buttons and the like is just one example.

Just as employees can choose to work elsewhere, students can choose to attend another university.

You as a private citizen cannot just walk into a state university campus without a legitimate reason.

This is far from a slam dunk but I think there is probably some meat on the bones in favor of the students.


40 posted on 04/25/2014 2:04:51 PM PDT by freedumb2003 (Fight Tapinophobia in all its forms! Do not submit to arduus privilege.)
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To: ilovesarah2012

The school should lose accredidation.


41 posted on 04/25/2014 2:06:47 PM PDT by Fledermaus (Conseravtives are all that's left to defend the Constitution. Dems hate it, and Repubs don't care.)
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To: kenmcg

Remember in the 60’s the left DEMANDED entire campuses had to be “free speech zones”. How things change in one or two generations.

As usual, they realized they didn’t like free speech if it disagreed with theirs.

Hypocrites and a-holes all. May they rot in hell.


42 posted on 04/25/2014 2:08:58 PM PDT by Fledermaus (Conseravtives are all that's left to defend the Constitution. Dems hate it, and Repubs don't care.)
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To: willywill

Not letting me pass out copies of the Constitution are in exactly the same category.

My call stands.


43 posted on 04/25/2014 3:34:39 PM PDT by Eaker (Sweat dries, blood clots and bones heal so suck it up buttercup.)
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To: freedumb2003

I have walked onto the campus of several universities and no one ever asked me what I was doing there.

And remember, the people passing out copies of the Constitution were students at the university, giving them a “right” to be on campus.

I’m pretty sure the university loses on this.


44 posted on 04/25/2014 3:47:56 PM PDT by ilovesarah2012
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To: ilovesarah2012

>>I have walked onto the campus of several universities and no one ever asked me what I was doing there.<<

True but they could and then escort you off the premises. I worked as a manager for a State University and those of the kinds of things you learn.

>>And remember, the people passing out copies of the Constitution were students at the university, giving them a “right” to be on campus.<<

Not my point. You made it sound as if standing on a state university is the same as standing on a street corner. It is not.

>>I’m pretty sure the university loses on this.<<

Theoretically they should but I wanted to note it is not going to be easy. Also just because they should win doesn’t mean they will in uber-left HI. It may have to go all the way to the US Circuit before it gets proper legal treatment.


45 posted on 04/25/2014 4:26:13 PM PDT by freedumb2003 (Fight Tapinophobia in all its forms! Do not submit to arduus privilege.)
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To: All

Where is the 13th Amendment Zone?


46 posted on 04/25/2014 4:27:41 PM PDT by Klemper
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To: freedumb2003

In the end, it doesn’t matter. America is lost. When the person living in the White House ignores the Constitution, handing out a copy of it just doesn’t matter.


47 posted on 04/25/2014 4:29:27 PM PDT by ilovesarah2012
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To: 2banana

TRANSLATION:

The socialists are power now so you can shut the f*ck up and sit down...

-=0=-
Maybe the coming provisional government will enact a bounty on democrats.......


48 posted on 04/25/2014 7:08:22 PM PDT by S.O.S121.500 (Had Enough Yet ? ........................ Enforce the Bill of Rights ......... It's the LAW !!!)
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