Local community college student sues school

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The areas marked with a star are areas where students may practice free speech and where venders allowed at.

A Modesto Junior College student is suing his school after being denied the ability to pass out copies of the Constitution on campus.

Student Robert Van Tiunen attempted to hand out copies of the U.S. Constitution on Sept. 17, Constitution Day. Tiunen quickly found out he was not allowed to do so because he did not get prior approval. He filmed a video which was posted to YouTube where Tiunen speaks to the public and administration to question the reasoning behind the censorship.

“As a student on campus passing out anything whatsoever, you have to have permission through the student development office,” said a MJC public safety officer.

Tiunen responded by asking if the process was in violation of his first amendment rights, to which the public safety officer said “I don’t believe so.”

Yosemite Community College District (YCCD) shared a statement on their Facebook regarding the incident and the video.

“People can distribute material in the areas generally available to students and the community as long as they don’t ‘disrupt the orderly operation of the college.’” YCCD said. “In the case of the YouTube video, it did not appear that the student was disrupting the orderly operation of the college. Therefore, we are looking into the matter.”

On Oct. 10, Tiunen filed a lawsuit with the college he attends. He cited issues of administration failing to uphold California Education Code section 76120 which states that a community college has the right to puts rules on the expression of free speech but not prohibit it.

“[The rules] shall include reasonable provisions for the time, place, and manner of conducting such activities,” the code states.

Skyline has a process in place for students who want to distribute pamphlets on campus. The campus has designated free speech spots as well as a paperwork trail in order to get the permits for their use. This includes vending which requires 3 weeks of prior notice.

Campus guidelines justify the use of free speech zones by stating, “Skyline College is a non-public forum, except for designated free speech area. Free speech areas have been designated on campus to maximize the opportunity for free discussion and expression, while minimizing the potential for disruption of classroom and college activities.”

Skyline’s guidelines only ask that a student check in with the Center for Student Life and Leadership Development but does not state that you will be escorted off campus if you fail to do so.

“Our policy only requests that groups check in with The Center for Student Life prior to setting up on campus,” Cherie Colin, Skyline Public Information Officer said via email. “If they check in, we give them a free speech permit and ask that they give us copies of what they are distributing. We request the information so that, if we receive complaints, we are able to have the information as a reference point. Groups are not asked to leave unless they disrupt classes or campus life.”