Congressman Filner, ACLU blast college restraint of free speech

Congressman Bob Filner and an attorney from the American Civil Liberties Union chastised SWC Superintendent Dr. Raj K. Chopra and campus vice presidents for their recent attempts to restrict free speech and punish four professors who took part in a rally protesting class cuts. Their strong warnings came from a Free Speech Rally this morning held purposefully outside the approved campus free speech area.

"Free speech isn't a privilege," Filner said. "It's a right…We want to say fund the classes, allow our students the opportunity for a future."

Filner and ACLU lawyer Sean Riordan told the crowd of about 300 they did not have to practice free speech in a designated area or at a designated time. Riordan said if the college did not amend its free speech policies the ACLU would file suit.

"We're looking for potential plaintiffs," said Riordan.

The rally was in response to a series of efforts by Chopra's administration to quiet dissent by students and employees. Three weeks earlier four SWC professors were placed on paid academic leave after allegedly inciting students to leave the college's designated free speech area to march on Chopra's office. Since the Oct. 22 incident national media outlets have written about the college, questioning a public institution's right to limit free speech.

Filner bashed the college's Freedom of Expression Policy which only allows free speech and demonstration to occur in a designated area on campus for a designated amount of time.

"That's like saying you have the right to vote," said Filner. "But you can't register."

He was not the only one to bash the policy. The rally, hosted by the campus's faculty and staff, had speakers from state and local unions, community members, faculty, staff and students. SWC Governing Board Member Nick Aguilar told the crowd the board planned to assess the policy at its Wednesday meeting.

The four professors placed on leave Oct. 22 were investigated for inciting students to move outside the campus's free speech area, ignoring campus police directives and physically confronting campus police. The investigation was discontinued Nov. 13, according to a college statement.

Southwestern College Education Association President Phil Lopez spoke at the rally. He was one of the professors placed on paid leave and prefaced his speech by saying that he had written it out so that he could not be accused of inciting a riot. He defended the campus community's rights to speak its mind.

"That's what democracy is all about," said Lopez. "It is by nature noisy, contentious and adversarial. Democracy is not mild-mannered men in powdered white wigs exchanging polite notes on silver plates. Apparently the administration and governing board of SWC think differently."

Lopez said the district had targeted a classified employee since his being put on paid leave. He said the non-faculty employee had used personal leave to attend a subsequent off-campus rally Nov. 5 and had been questioned by the district as to whether this was an appropriate use of personal leave, according to Lopez.

"For the district…to suggest that employees must abandon their beliefs and values during working hours is outrageous," said Lopez.

A national civil liberties organization called FIRE (Federation for Individual Rights in Education) also threatened to sue the college if it did not change its free speech policy. The organization listed other colleges and universities it had been successful at overthrowing designated speech areas. Six days later the local chapter of the American Civil Liberties Union followed step. FIRE is also looking into retribution taken by Chopra against the college newspaper.

SWC Academic Senate President Valerie Goodwin-Colbert said the State Academic Senate was planning to unanimously pass a resolution in support of faculty and students at SWC. California School Employees Association member Michele Fenlon said that as soon as she learned that she was speaking at the rally she wandered if she would be placed on leave.

"There is a fear on this campus," she said.

Representatives from the California Teachers Association, the Community College Association and the America Federation of Teachers spoke along with SWC faculty, staff and students to retain their right to protest class cuts.

The college has cut 26 percent of its spring offerings which brings the total number of cuts to 40 percent over the last year.