Dear Mr. Alioto,
According to the American Civil liberties Union and the Foundation for Individual Rights in Education, the requirement for pre-approval of free speech is a prior restraint on a First Amendment right. No one has the right to require either approval for a student rally or to limit it to a so-called "free speech area" pre-determined by Mr. Alioto, by Mr. Chopra or by anyone. Freedom of speech exists within the borders of the United States and one maintains that freedom regardless of where on the map he or she stands. This important fact has been omitted in all that went into the decision to remove me from the campus and to issue a letter of reprimand to me.
In a letter addressed to the President of Southwestern College, a copy of which you have, David Blair-Loy of the American Civil Liberties Union points out that California law "does not allow the college to declare most of the campus off limits to free speech." He further tells you that California law "does not authorize a prior restraint on college student speech." Throughout the letter of reprimand you rely upon the designated Free Speech Area as justifying the reprimand. However, since the Free Speech Area is unconstitutional, every charge based upon leaving the Free Speech Area is not legally justified. These charges include the allegation that I: "urged students at the rally to move away from the free speech area;" and the group gathered at the entrance to the 100 building not having a permit to engage in the march to your offices.
You characterize the student movement to the 100 building as the "march [I] encouraged and provoked" and say that I "created an on-campus safety emergency for the District, its police officers and students." This is neither a fair nor accurate recounting of what happened. Many witnesses have come forward to say what pictures in the Southwestern Sun corroborate. I did nothing but walk with student to the 100 building and ask the police officers lined up to block our path to permit us to pass. They responded that they would not and the were "just following orders." There is absolutely no evidence that any confrontation occurred or that I was an "active participant in efforts to cross the police line to enter the 100 building." There is absolutely no evidence that I posted any danger to police officers or individuals working in and around the 100 building. I am a 55-year-old woman and am 5 feet tall. I have been a teacher all of my adult life and have worked at Southwestern college for over 19 years. My colleagues and I are long-time teachers committed to non-violence and at no time did any of us pose any danger to police officers or individuals working in and around the 100 building.
You say the police officers repeatedly asked me to disperse. That is simply not true. I was not once told by police officers to leave. The fact that the investigator did not find my statement to be credible is faulty since the investigator interviewed only administrators and the police, and did not interview any of the 30-50 students and faculty that were present. Many witnesses have written to newspapers and blogs saying that they were present and saw no confrontation. You say that I then "linked arms" with my colleagues and "attempted to pass the officers' police line." This is also untrue. We linked arms but we made no attempt to pass at any time beyond asking permission of the officers."
In your letter, you state "the District fully respects and supports freedom of expression and worked closely with the ASO to coordinate the October 22 rally."
If the district respected our rights to freedom of expression, it would not require an unlawful and unconstitutional permit for its expression. It would not unlawfully limit free expression to a small patio beside the bookstore where those speaking could not be heard.
The conclusion that my "conduct, however was calculated to incite students and others to disregard and violate District rules (including Policy 5550) and to leave the Free Speech Area in order to engage in 'civil disobedience' " is not supported by the facts or the law. Further, had I done so, civil disobedience has a long-standing tradition in the United States and those who exercise it are in the company of such as Thomas Paine, David Thoreau, Dr. Martin Luther King Jr., Howard Zinn and thousands of college students of conscience at America's colleges and universities
- Dinorah Guadina-Costa Professor of Spanish
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