Swift victory for students’ rights brings immediate changes to remedy college district’s outrageous speech policies.
Less than two months ago, Young America’s Foundation (YAF) filed a federal lawsuit against Stephanie Smallshaw, Director of Student Life and Leadership Development and College Disciplinary Officer at Golden West College. YAF, represented by Alan Gura at the Institute for Free Speech, has achieved a landmark settlement that meets every one of YAF’s demands, including significant policy changes and monetary relief.
This lawsuit started when YAF activists Matin Samimiat (a U.S. citizen originally from Iran) and Annaliese Hutchings exercised their First Amendment right to spread truth on campus, including messages like “Hamas is a terrorist organization, and they must be wiped from the face of the earth.”
While this statement should be uncontroversial, indoctrinated leftist students reacted with hostility. Students filed complaints against Samimiat and shouted things like “Go back to your f*cking country.”
Unfortunately (and unconstitutionally), Smallshaw took the side of the leftists and attempted to stop Samimiat from speaking. As a disciplinary officer, Smallshaw had the authority to use vague language in the Student Code of Conduct to punish Samimiat and Hutchings for supposedly “hateful” and “disgraceful” behavior. Smallshaw ordered Samimiat to stop using language that “dehumanized” people and said he had no right to share his “opinion” that Hamas is a terrorist organization. According to Smallshaw, Samimiat was to blame for all resulting hostility because he “triggered” people.
All this followed Samimiat and Hutchings’ long-fought battle to gain official school recognition for their YAF chapter over claims that YAF was “too political” for criticizing communism. The group responsible for official recognition (led by fellow students and overseen by Smallshaw) initially voted YAF down in a blatantly viewpoint-discriminatory process. Smallshaw even threatened to discipline Samimiat for calling the recognizing group “student tyrants.”
Attorneys for the defense agreed to YAF’s demands almost immediately—a testament to the outrageousness of Smallshaw’s conduct. The settlement applies to the whole college district, which has agreed to:
This swift victory for YAF and its students puts administrators on notice that they cannot use their authority to censor speech they dislike.
“Students shouldn’t have to try to guess what speech is allowed by college administrators or fear punishment for taking a political stance,” said Institute for Free Speech Vice President for Litigation Alan Gura. “Public college officials can’t silence students simply because the students’ constitutionally protected opinions might offend others—that’s exactly the kind of viewpoint discrimination the Constitution forbids. This settlement ensures that students can now engage in robust political debate without administrative censorship or threats.”
“This settlement reminds us that the First Amendment still means something in America,” said Matin Samimiat. “When I came to this country from Iran, I never imagined I’d have to fight for the same free speech rights here that were denied to me there. But thanks to this victory, future students won’t have to choose between expressing their deeply held beliefs and facing discipline under an unconstitutional speech policy.”
“For too long, conservative students have been forced to self-censor or face punishment for expressing their political beliefs,” added Annaliese Hutchings. “This settlement sends a clear message that colleges cannot pick and choose which political opinions are acceptable. Students should be able to engage with difficult topics without fear of administrative retaliation.”
“This latest YAF victory for free expression should embolden students on campuses nationwide to advance conservative ideas and courageously fight back against unconstitutional policies,” added Young America’s Foundation Chief Communications Officer Spencer Brown. “Our activists know that when they’re under attack, YAF has their back.”
