An organization that supports students’ First Amendment rights announced Friday a $330,000 settlement between Clovis Community College and students who claimed their free speech rights were violated when college officials removed their flyers from bulletin boards.

Alejandro Flores, Daniel Flores, and Juliette Colunga, and their organization, Young Americans for Freedom, filed a federal lawsuit two years ago after their flyers were removed and banned from inside the college’s buildings.

College officials had initially permitted the flyers to be posted. The students’ suit contended that college administrators disagreed with the anti-communist and pro-life opinions expressed on the flyers and ordered their removal.

The lawsuit was filed in U.S. District Court in Fresno by attorneys for the Philadelphia-based Foundation for Individual Rights and Expression (FIRE). It is a nonprofit civil rights organization that protects free speech rights on college campuses. The students’ suit was upheld by the lower court and the Ninth Circuit Court of Appeals.

Judge Orders Permanent Injunction

On Friday, U.S. District Judge Jennifer Thurston issued a permanent injunction against Clovis Community College and its officials. The judge ruled that Clovis Community had violated the First and Fourteenth Amendments when officials enforced the poster ban. The judge ordered the district to adopt and implement a replacement posting procedure across the State Center Community College District within 21 days.

The district is required to adopt a new posting policy to protect the First Amendment rights of all student groups and to hold annual First Amendment training sessions this year and next year for all district administrators and certify in writing who attended and what materials were used.

In addition, the students and their organization will each receive $20,000 in damages as a result of the settlement agreement. Their attorneys will receive $250,000 in fees for a total of $330,000.

State Center’s Response

District spokeswoman Jill Wagner said the judge had found a “few words” in the college’s posting procedure needed to be changed, and State Center amended its policy to apply to all campuses. She said there was no finding of violations of rights by any State Center employees.

However, page 3 of the judge’s order did find that the defendants, which include former President Lori Bennett, did  violate the plaintiffs’ First and Fourteenth Amendments rights.

Wagner said State Center remains committed to upholding the First Amendment, “and we look forward to ensuring that all members of our community recognize the virtues and benefits of free speech.”

U.S. District Court Injunction