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Valdosta State Case Puts College Officials On Notice: You Can't Violate The First Amendment
Forbes ^ | July 31, 2015 | George Leef

Posted on 08/03/2015 7:38:32 AM PDT by reaganaut1

Occasionally, you come across a legal case so strange that it makes you stop and wonder, “Is this even for real?”

Such a case has recently come to an end with a strong victory for student free speech rights and an equally strong rebuke to the idea many college administrators seem to have that they hold king-like powers on campus. The facts are as follows.

In early 2007, Hayden Barnes was a student at Valdosta State University in Georgia (VSU) when school officials announced plans to build a new parking garage using $30 million in student fee money. Barnes, an avid environmentalist, opposed the plan and made his opposition known. He posted flyers, wrote a letter to the campus paper and sent emails to the faculty senate, the Board of Regents, and to President Zaccari.

Barnes kept up his opposition and later posted a collage on his Facebook page in which he referred to “the Zaccari Memorial Parking Garage.” Barnes meant that as a sarcastic reference to Zaccari’s comment that the new garage would be part of his “legacy” at the university. But by now Barnes had so gotten under Zaccari’s skin that he and several administrators seized upon the post as a pretext for having him expelled as a “threat” to campus safety.

So, on May 7, 2007, Barnes received a letter from President Zaccari, which declared that “as a result of recent activities directed towards me by you, including but not limited to the attached threat document, you are considered to present a clear and present danger to this campus.” Using the current euphemism for expulsion, Barnes was informed that he had been “administratively withdrawn” from school and would have no opportunity to contest the decision.

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


TOPICS: Culture/Society; US: Georgia
KEYWORDS: college; education; facebook; freespeech; georgia; haydenbarnes; valdostastate
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1 posted on 08/03/2015 7:38:32 AM PDT by reaganaut1
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To: reaganaut1

Liberals are really fascists at heart.


2 posted on 08/03/2015 7:42:01 AM PDT by I want the USA back (Media: completely irresponsible. Complicit in the destruction of this country)
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To: reaganaut1

This is why I think all responsible managers in any state or public setting....ought to be bonded and be responsible for their screw-ups. They each ought to pay up a million-dollar bond and if they do something like as in this case...they lose their bond, and the next acquired bond ought to cost triple or more than what they previously paid.


3 posted on 08/03/2015 7:45:08 AM PDT by pepsionice
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To: reaganaut1

Whatever happened to the fascist dude, President Zaccari? Proceeds with impunity, and even has a parking garage named for him?


4 posted on 08/03/2015 7:48:14 AM PDT by The_Media_never_lie
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To: The_Media_never_lie
I should have read further:

Addressing that problem, FIRE president Greg Lukianoff observes in a recent Huffington Post piece, “The reason why we see so many abuses of student and faculty rights on campus is no doubt, at least in part, that top administrators involved in even clear violations of the Constitution rarely, if ever, see any consequences other than well-deserved public embarrassment.”

5 posted on 08/03/2015 7:50:37 AM PDT by The_Media_never_lie
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To: reaganaut1

How about reigning in the abusive university speech police who seem to tolerate anything except traditional American pride and values!


6 posted on 08/03/2015 7:52:52 AM PDT by Awgie (truth is always stranger than fiction)
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To: I want the USA back

Both the administrator and the judge.

And the kid.

They are all liberal fascists.


7 posted on 08/03/2015 7:53:25 AM PDT by ifinnegan
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To: reaganaut1

It took 8 years and $900K in attorney’s fees to get to this decision.


8 posted on 08/03/2015 7:55:19 AM PDT by glorgau
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To: I want the USA back

The student was the liberal, but that doesn’t make the college president’s case any better. He was acting the douche.


9 posted on 08/03/2015 7:56:36 AM PDT by Lazamataz (Dear Jeb Bush..... Trump upped his game. Up yours!.... Love, Laz.)
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To: I want the USA back

The student, “would have no opportunity to contest the decision.”

The College apparently does not recognize classic, textbook state action in the suppression of free speech. The “professors” there are probably teaching the same thing.


10 posted on 08/03/2015 8:12:53 AM PDT by Sasparilla (If you want peace, prepare for war.)
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To: reaganaut1

Actually he should have just fired him for insubordination, and then this case would not have any merit and would have been dismissed. I really don’t see this as a freedom of speech issue, just a mishandling by the dean on how we went about firing an insubordinate employee.


11 posted on 08/03/2015 8:16:31 AM PDT by HamiltonJay
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To: HamiltonJay

Nevermind, was a student, not an employee... ignore my post.


12 posted on 08/03/2015 8:17:16 AM PDT by HamiltonJay
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To: reaganaut1
Apparently TCU didn't get the memo.
13 posted on 08/03/2015 8:18:15 AM PDT by Trailerpark Badass (There should be a whole lot more going on than throwing bleach, said one woman.)
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To: reaganaut1

Thanks for posting. A very interesting and GOOD NEWS story. Not good news that the taxpayers of GA will have to pay the $90,000 judgment but maybe, JUST MAYBE, legislators will pass a law making all administrators at universities liable, responsible and accountable for their own actions. As the article stated - and related stories - they along with other PUBLIC SERVANTS have long considered themselves above the laws that govern the rest of us!!! It’s way past time for that to change!


14 posted on 08/03/2015 8:24:06 AM PDT by Thank You Rush
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To: Thank You Rush

$90,000 = $900,000

Lost a zero - sorry!


15 posted on 08/03/2015 8:26:21 AM PDT by Thank You Rush
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To: reaganaut1

Mission accomplished. Zaccari kicked the kid out of school and faced no legal consequences and knew it. He delayed the student for 8 years, side tracking his educational goals, maliciously slandered him, and gets away scott free.

This is why it’s more than worth it for progressives to just throw lawsuits at conservatives. Delay them, tie them up in court, force them to roll the judicial dice, then only the most egregious actually are held accountable.


16 posted on 08/03/2015 8:30:21 AM PDT by Fhios (I hope Trump can keep us entertained for the next 6 months.)
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To: The_Media_never_lie

“”Whatever happened to the fascist dude, President Zaccari? Proceeds with impunity, and even has a parking garage named for him?””

Looks like he retired in 2008 - a year after the litigation began... Looks like he was hobnobbing around the country’s universities for too many years as it was. He wanted to pursue his love of “sculpture.”

I read several related stories and didn’t find anything about the parking garage being built among the controversy and legal battles.

According to some replies on this thread, I guess liberals (some have made that distinction against the student) don’t have any rights to proceed against action that this university president took. Interesting! Some rights for some and not for all, I guess.


17 posted on 08/03/2015 8:32:22 AM PDT by Thank You Rush
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To: Fhios

“”faced no legal consequences and knew it””

He was personally responsible for the first judgment of $50,000 before the protracted litigation. Guess he figured he was home free after that and he was right!


18 posted on 08/03/2015 8:34:25 AM PDT by Thank You Rush
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To: Trailerpark Badass

Unfortunately, The TCU administration doesn’t have to claim a flimsy immunity defense: it’s a private institution, and therefore the same kind of pressure can’t be brought to bear and this precedent does not apply.


19 posted on 08/03/2015 9:09:44 AM PDT by FredZarguna (Some FReepers see things as they might be, ask why not? chinaboy sees things as they are:tell my why)
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To: reaganaut1

With all of the diversity classes indoctrinating the university and college students, a result of these court cases should require all universities and colleges to implement a course teaching the students their rights as students to include how to redress grievances against these petty tyrants. Specifically, no student should be required to accept punishment without a possibility to address the punishment.


20 posted on 08/03/2015 9:22:55 AM PDT by Purdue77 ("shall not be infringed")
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