Main | Wednesday, July 15, 2009

Sexual Harassment Code Struck Down At Los Angeles City College

A judge has struck down Los Angeles City College's sexual harassment code, ruling that it violates the students' right to free speech. Last fall a professor interrupted a student speaking in opposition to marriage equality, calling him a "fascist bastard." When the student received his paper, the professor had written "Ask God what your grade is" on it. The professor contended that speaking against gay rights constituted sexual harassment and threatened to have the student expelled.
U.S. District Judge George King issued a preliminary injunction in a lawsuit filed by a Christian student named Jonathan Lopez, who accused his professor at L.A. City College of censoring his classroom speech about his religious beliefs, including his opposition to gay marriage. Lopez claimed the professor called him a "fascist bastard," cut his presentation short and refused to grade it. The student also challenged the district's sexual harassment code as overly broad. King ruled that by using "subjective" terms such as "hostile" and "offensive," the district's policy encroached on constitutional free speech protections. "We...recognize that Defendants have, laudably, attempted to prevent sexual harassment on the District’s campuses," King’s order read. "Nevertheless, because the Policy regulates expression as well as conduct, we must ensure that it complies with the First Amendment."
The lawsuit was brought by the anti-gay Alliance Defense Fund. World Net Daily exults over the win with this headline: "Homosexclamation! Christian student fights prof, wins big." The student is also seeking financial damages.

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