Tuesday, April 08, 2014

Virginia Settles Suit Challenging Limits On Student Preaching On Campus In Wake of New Law Assuring Speech Rights

The Hampton Roads (VA) Pilot reports that a proposed consent decree was filed in Virginia federal district court last Friday in Parks v. Members of the State Board  of the Virginia Community College System. In the suit, a student who wished to preach on campus challenged the rules at Thomas Nelson Community College that allow students to speak in open, outdoor areas of campus only if they are members of student organizations, and then only if they register their activity 4 days in advance. (See prior posting.) Under the consent decree, which still requires court approval, students will be allowed to speak freely on campus without joining a recognized student organization or registering in advance. Also colleges will not unreasonably limit the outdoor areas in which students can speak.

This development comes the same day that Virginia Governor Terry McAuliffe signed HB 258 (full text) which bars public colleges in Virginia from imposing restrictions on student speech in outdoor areas of campus unless they are reasonable, content-neutral and narrowly tailored to serve a significant interest and leave open ample alternative channels for communication.