Trampling Hamas and Hizbullah Flags Is Free Speech, Judge Rules

[San Francisco Chronicle] Bob Egelko - U.S. Magistrate Wayne Brazil ruled last week in Oakland that it's an unconstitutional restriction on speech when California State University's policy is used to investigate or discipline students, such as the College Republicans whose members stomped on Hamas and Hizbullah flags, each with Allah written on them in Arabic, during an anti-terrorism rally at San Francisco State on October 2006. Brazil said he would issue a preliminary injunction barring the university from enforcing its civility standard in any disciplinary proceeding. He said the university can continue to enforce another rule prohibiting intimidation or harassment - but can use the rule to punish students only for threatening someone's health or safety, and not merely for offensive statements or conduct.

2007-11-13 01:00:00

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