The University clarified its campus-wide free speech policy July 3 following the lawsuit of Candler v. Jenkins.
Students are now allowed to pass out literature throughout campus, not just within Free Speech Plaza.
University student Deanna Candler, the plaintiff in the case, filed a lawsuit with Alliance Defending Freedom against the University on October 31, 2012, after she was told that she was not allowed to distribute pro-life material outside of Free Speech Plaza in front of the Student Union.
“When the [ADF] approached me and told me that this happened to a student at LSU, I was sure they had that wrong,” said Larry Bossier, who served as legal counsel in the suit. “There was no way that she had to have any document pre-censored or pre-approved. Not at LSU. And they assured me that I was wrong … and I was floored. I could not believe it.”
Candler participated in the Pro-Life Day of Silent Solidarity when her first amendment rights were allegedly silenced by the University. In compliance with University policy, Candler was required to receive prior approval before distributing literature outside of Free Speech Plaza.
Bossier called the case a “throwback to the ’60s.”
But Patrick Martin, University director for financial and administrative services, said students were never constrained to the 1,000 square feet of Free Speech Plaza to exercise his or her rights.
“[The lawsuit] doesn’t actually change the existing LSU policy or guidelines in any way,” Martin said. “There’s nothing that was prohibited before and allowed now. This just more clearly states the practices that LSU has had for decades.”
Martin also said the University received this lawsuit from “out of the blue,” and after looking into the ordeal, the University decided to make the free speech policy more transparent. LSU capitulated the suit.
“It would have been an unnecessary expense,” Martin said. “We were trying to minimize the expense to the University, and there was no need to get into a protracted lawsuit. We felt and feel the lawsuit was completely without merit, but we wanted to resolve it in the most cost-effective manner possible.”
Overall, the University wants students to know that it respects the rights provided by the First Amendment. The policy decision was completed in order to make expression on campus easier to understand.
“It’s important to know that LSU is committed to the First Amendment and free speech and all the values associated with free speech,” said Ernie Ballard, University director of Media Relations. “We just want to make sure the campus knows we do value free speech, and we want to make it clear how you can go about expressing yourself.”