Attorneys representing Arkansas State University in a freedom-of-speech lawsuit filed against the university in 2017 have requested a delay in proceedings, while civil-rights organizations have offered their support to the plaintiffs.
All the filings have come within the past week, with the latest filed Monday when friend-of-the-court briefs were submitted by the ASU student organization Peace and Love, the Foundation for Individual Rights in Education, the American Civil Liberties Union and the American Civil Liberties Union of Arkansas in support of ASU student Ashlyn Hoggard and the conservative political group Turning Point USA.
The Alliance Defending Freedom filed the federal lawsuit in December 2017 on behalf of Hoggard and Turning Point USA, according to court documents submitted to U.S. District Court in Jonesboro. The lawsuit contends the university violated Hoggard's right to free speech by not allowing her to set up a table on campus in an effort to generate interest in forming a campus chapter of Turning Point USA.
U.S. District Judge Leon Holmes scheduled a March 4 hearing in Jonesboro.
Attorneys representing the university asked Jan. 31 for a delay in the lawsuit, citing legislation introduced Jan. 23 by state Sen. Bob Ballinger, R-Hindsville. Ballinger's legislation, called the "Forum Act," proposes to "protect the free speech rights of students in accordance with the First Amendment of the United States Constitution." Senate Bill 156 seeks to clearly define freedom of speech on campuses and create uniform enforcement of it.
University attorneys said passage of SB156 would significantly affect the university's policy and the issues in the lawsuit.
All the organizations that filed friend-of-the-court briefs Monday cited defense of freedom of speech as the reason for the filings.
The lawsuit drew national attention during an event in Philadelphia in September when U.S. Education Secretary Betsy DeVos mentioned ASU's free-speech policy while questioning actions taken by some college administrators regarding such speech on campuses.
The lawsuit contends that university administrators stopped Hoggard from setting up a table at the student union on campus in October 2017 in her attempt to recruit students for a Turning Point USA chapter.
Within a half-hour of their arrival, Hoggard said, she and another person were confronted by two campus police officers and two university administrators and were ordered to leave the area because they hadn't obtained permission from the university, as required by the university's speech-zone policy.
The policy states that there "are several areas designated as a Free Expression Area for speeches and demonstrations," and that the areas generally are available from 8 a.m. to 9 p.m. Monday through Friday.
Approved by trustees in 1998, the policy states that requests to use other areas "for speeches and demonstrations" should be made at least 72 hours in advance.
State Desk on 02/08/2019