In September 2010, a federal district court denied the defense of qualified immunity to former Valdosta State University (VSU) President Ronald M. Zaccari, ruling that public college administrators who knowingly violate the constitutional rights of students should be held liable for doing so. In this piece, FIRE’s Azhar Majeed writes that the case, on appeal before the Eleventh Circuit Court of Appeals, merits close observation in the coming year, as it could set a major precedent in defense of student rights on campus.
Putting Their Money Where Their Mouth Is: The Case for Denying Qualified Immunity to University Administrators for Violating Students’ Speech Rights
FIRE is pleased to announce the publication of “Putting Their Money Where Their Mouth Is: The Case for Denying Qualified Immunity to University Administrators For Violating Student Speech Rights,” an article by our Associate Director of Legal and Public Advocacy Azhar Majeed, in the Cardozo Public Law, Policy and Ethics Journal. The article argues that given the clear state of the law on campus speech codes, administrators responsible for maintaining these unconstitutional policies at public universities should not be shielded by qualified immunity against personal liability for monetary damages. Furthermore, qualified immunity should not protect administrators in the most common types of applied free speech violations. Majeed expresses the hope that if responsible administrators do not enjoy qualified immunity and therefore are faced with personal liability for their actions, they will have greater incentives to uphold students’ First Amendment rights on campus, both in policy and in practice.
Defying the Constitution: The Rise, Persistence, And Prevalence Of Campus Speech Codes
FIRE is pleased to announce the publication of Defying the Constitution: The Rise, Persistence, and Prevalence of Campus Speech Codes in the Georgetown Journal of Law & Public Policy. Authored by FIRE’s Azhar Majeed, Associate Director of Legal and Public Advocacy, the article chronicles the existence of college and university speech codes nationwide and argues that maintaining them is untenable, given that every single court decision on speech codes has struck them down as unconstitutional. The article analyzes the First Amendment and free speech problems presented by speech codes, examines the harms that they perpetuate on the college campus, and responds to various arguments put forth by their proponents. It also offers potential ways to eradicate speech codes permanently from college campuses. FIRE expects the article to be an informative contribution to First Amendment scholarship, clarifying the state of the law on speech codes.
The Misapplication of Peer Harassment Law on College and University Campuses and the Loss of Student Speech Rights
FIRE is pleased to announce the publication of Azhar Majeed’s law review article, The Misapplication of Peer Harassment Law on College and University Campuses and the Loss of Student Speech Rights, in the Journal of College and University Law. The journal is published by the University of Notre Dame Law School and the National Association of College and University Attorneys (NACUA). In the article, Azhar argues that many colleges and universities have misapplied hostile environment harassment law on their campuses, resulting in severe harm to student speech rights.