Free speech advocates at Southwestern College gained some powerful allies when Congressman Bob Filner, the American Civil Liberties Union and the Foundation of Individual Rights in Education (FIRE) demanded that college administrators rescind a college policy that restricts free expression to a small "Free Speech Area."
Filner and ACLU lawyers spoke at a rally protesting college administrator's efforts to limit free speech and to punish three professors who joined students protesting class cuts at a rally October 23. Four professors were placed on administrative leave for allegedly inciting students to move out of SWC's only Free Speech Area outlined in the controversial Freedom of Expression Policy 5550. One of the professors was reinstated two days later. The ACLU and FIRE have condemned the college and threatened legal action.
Both institutions issued stern letters of warning to Superintendent Dr. Raj K. Chopra, citing the unconstitutionality of a "free speech zone" and the unacceptable acts of intimidation shown to the four faculty members placed on leave. Both pledged to "take whatever action necessary" to ensure the policy is changed. The letters cited numerous schools that have lost similar freedom of speech legal cases nationwide.
SWC administration responded by promising to create a task force of faculty members, classified employees, students and administrators to examine the existing policy. Nicholas Alioto, vice president of financial and business affairs, said ACLU and FIRE have both been invited to participate on the task force. Alioto said the policy was created in 2007 using a template provided by the California Community College Chancellor's office for two-year colleges statewide.
Nick Aguilar was the only governing board member to attend the rally. Filner said he was disappointed other board members and college administrators did not attend. He said he had personally asked Dr. Chopra to attend. Filner said board members and administrators should be joining students.
"I would like to see the president going with us," he said. "Marching on to Sacramento and Washington to say we need to fund the community colleges."
Filner said Chopra, Alioto and college administrators overreacted by suspending faculty members.
"They try to restrict free speech, which is stupid," he said. "So then people get mad that they're so stupid."
Jim Groth, a member of the California Teachers Association board, said SWC's administrative decisions affected students the most.
"They look at top leadership and they see behavior like this, and the students have to pay the price," he said. "This is the perfect example of out-of-tune administration to the students at SWC."
In an interview published in the San Diego Union-Tribune on Nov. 20, Chopra denied that freedom of speech had been infringed upon and said he is being penalized for what the public expects a good public officer to do. David Blair-Loy, ACLU's legal director, responded to this statement the same day.
"Sadly, President Chopra's comments in today's San Diego Union-Tribune interview were defensive and laid the blame for the campus's free-speech policies on the previous administration," said Blair-Loy. "The ACLU and FIRE continue to press Southwestern College to revise its policies and allow free speech and assembly throughout the campus."
Blair-Loy lamented that the Union Tribune article did not include the ACLU's specific disputes against the policy and reiterated them. They include declaring the entire campus as a "non-public forum" and limiting speech to a single patio, unlawfully ordering students to disperse rallies outside of the free speech zone and "serious concerns" that the college has illegally retaliated against teachers who participated in the Oct. rally against class cuts.
"As the California Supreme Court has long made clear," wrote Blair-Loy, "'the government has no valid interest in restricting or prohibiting speech or speech-related activity simply in order to avert the sort of disturbance, argument or unrest which is inevitably generated by the expression of ideas which are controversial and invite dispute.'"
Many feel the enforcement of this policy is yet another example of the administration attempting to stifle dissenting views. Michele Fenlon, a classified employee, mirrored this sentiment at a rally fighting for free speech on Nov. 13. Fenlon said while the recent forced leave was a blatant act of intimidation against faculty, classified staff have long been experiencing acts of intimidation.
"There is fear on this campus," she said. "Fear of retaliation, fear of losing our jobs, fear of speaking up for what we believe in."
Community College Association President Ron Norton Reel said Chopra's absence at the rallies has hindered the process to come up with a solution.
"I have a concern that one who wants to be called a leader is not here when we need some leadership," he said.
SWC's governing board members should be held responsible for their actions, Reel said.
"They are accountable to our school, not us accountable to them," he said. "When they fall down on their jobs, it's up to us to make sure that they are no longer in that position."
Chopra refused multiple requests for interviews.
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