UH settles First Amendment suit

A pair of University of Hawaii at Hilo students is claiming a victory for free speech after the school agreed Tuesday to settle a First Amendment lawsuit filed in April.

Merritt Burch and Anthony Vizzone sued the university after an administrator stopped Burch from passing out copies of the U.S. Constitution and another told them to restrict a protest of the National Security Agency to a free speech zone on campus.

In line with the settlement, the university revised its speech policies systemwide to allow free speech and the distribution of literature in all areas generally available to students and the community without requiring that students seek permission first. UH also agreed to pay $50,000 in attorneys fees and damages. It also creates a dispute resolution process for students who think their First Amendment rights have been violated.

The students filed the suit with the help of the Foundation for Individual Rights in Education (FIRE) as part of its Stand Up For Speech Litigation Project.

Im so happy that the University of Hawaii has revised its policies, and Im grateful for the help from FIRE and our attorneys, Burch said. Now, students across the University of Hawaii system can exercise their First Amendment rights without fear that they will be disciplined.

Her co-plaintiff agreed.

It is great to see these changes and to know that we can express ourselves freely throughout campus, Vizzone said.

In a press release issued Tuesday morning, FIRE President Greg Lukianoff praised the students for standing up to the university system.

The lawsuit led to a constructive conversation with UH, and today President David Lassner has set an example by implementing policies that guarantee free speech to the 59,000 students enrolled in the UH system, he said.

In an emailed press release issued Tuesday afternoon, the UH system confirmed settling the federal lawsuit, saying it expects the case to be dismissed with prejudice in the next several weeks, meaning it cannot be re-filed.

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UH settles First Amendment suit