Read David Horowitz's response here · 18 January 2005
Political science major who was told to stop recruiting for off-campus club says school policy violates free speech
By Amy Hilvers--The Bakersfield Californian--01/15/05
While universities have long been considered a public place where students can openly and freely express ideas, Cal State Bakersfield officials apparently have set limits on what speech can be free and what will cost you $100.
When student Travis Ratliff was handing out fliers and recruiting for the Bakersfield Reagan Students club near the student union on campus Thursday, a Cal State official sent an officer to force him to stop.
Ratliff, a 22-year-old political science major, told the officer he had a right to be there -- it was his guaranteed constitutional right to free speech.
"I think you're misinterpreting the free speech issue," Officer Darren Chaney told him. "Anybody out here handing out a flier has to get permission from Academic Services."
Ratliff was then told that he was considered an off-campus solicitor and he couldn't hand out fliers or recruit for his club unless he got prior approval, paid a $100 fee to the university and got $1 million in liability insurance.
"Honestly, I think the policy is a way to prevent students from exercising their constitutional rights," Ratliff said. "Rights like that should not be preserved for only registered student groups."
At first, CSUB public affairs director Mike Stepanovich said the university applied the policy across the board.
"He claims this is a free speech thing. The administration ... has determined that what he is doing is soliciting," Stepanovich said. "He wants us to liberalize our policy so he can do this for free and so he doesn't have to meet the requirements for a club. Sorry, the line is drawn."
On Friday, Cal State officials changed their minds.
Stepanovich said officials decided "because he is a student in good standing that he is free to speak and distribute leaflets as long he does not interfere with the educational mission of the university."
Ratliff said he was incensed that a university, which is supposed to support sharing ideas and views, was trying to stop him.
"This is the most blatant abuse of protected First Amendment rights that I have ever seen," he said.
Ratliff's ordeal started last week during a club-fair event.
Bakersfield Reagan Students is made up of Cal State students but not affiliated with the college. Ratliff wanted to get others to join and tell them about scholarship and fellowship opportunities, so he set up a table at the club fair.
There he taped up some fliers that were unfavorable to documentary filmmaker Michael Moore. A sociology professor saw it, called it "offensive" and told a student-activities official.
Marina Avalos-Kegley said that if Ratliff's group were not a recognized student club, he must leave the area. Ratliff packed up and met with her a few hours later.
Ratliff said he didn't want to become a recognized student group. He just wants to hand out his information and recruit students. The goal of his club, he said, is to educate and train students who uphold the philosophy of the late President Ronald Reagan and get students involved in public policy.
Bill Perry, an administrator for student affairs, decided Ratliff would be considered an "off-campus solicitor" if he didn't want to have the organization become a recognized student club.
That designation requires that solicitors get approval, liability insurance and pay a fee to be able to hand out fliers on campus and recruit. There are no guidelines for making the determination, said Mike Stepanovich, CSUB's spokesman.
The designation throws Ratliff into the same category as a jewelry salesman who set up shop inside Dorothy Donahoe Hall.
"I didn't know passing out fliers was a part of solicitation," Ratliff said. "It's very frustrating."
Then on Thursday, he returned with his clipboard and fliers near the Student Union. Within about a half hour and after signing up a few more students, he was confronted by the campus officer.
"It's been the policy here for 15 years," Chaney told him.
Ratliff went to get permission.
A Cal State employee told him he must fill out the correct forms and get insurance to use campus facilities. Ratliff asked why he needed approval and insurance if he was just walking around talking to students in an open area.
Cal State's position remained firm. He couldn't hand out fliers and couldn't recruit without following the rules.
Ratliff demanded a straight answer.
Another administrator surfaced and told Ratliff to leave the office. He did.
Cal State student Kelly Reid, 21, who was handed a flier before the police officer arrived, said she wasn't bothered by Ratliff approaching her.
"It seems like every time I walk by here someone is asking if you want to sign up or contribute something," she said.
Ratliff said he felt he was being treated like criminal.
"I'm not trying to create trouble here," Ratliff said. "I'm trying to pass on opportunity that would make a difference in their academic and professional careers."
Dwaine Chambers, general counsel for Schools Legal Service in Bakersfield, called the incident "disturbing." He said handing out fliers is a form of speech. Even at high schools, it's allowed, he said.
"I can't see ... a university putting the kibosh on certain type of political speech," Chambers said.
"I just can't envision it happening at a collegiate campus or university that there would be this kind of speech control," he said.
Chambers said he believed the college has a legitimate interest in controlling commercial speech, or soliciting business, on campus.
But, he said, if the case were taken to court, judges would closely scrutinize the issue.
"The court is going to look very long and hard at what the justification is for infringing on this form of speech," he said.
California First Amendment specialist Terry Francke said no one should be required to get permission from administration or student government to walk on campus and hand out pamphlets. "They don't need no stinkin' badges, so to speak, from higher authority," he said.
Francke said the school could have a legitimate interest in making sure that someone isn't misrepresenting himself. And it can also stop a group from posting fliers on a designated bulletin board or in an area specifically reserved for recognized clubs on club day, if the rules are enforced consistently, he said.
CSUB President Horace Mitchell declined to comment on the issue. After doing an about-face, Stepanovich said that Ratliff would be free to go in the common areas but could not disrupt and go into classes, the library, labs or block entrances.
Stepanovich said the university would contact Ratliff and inform him of their decision. As of Friday afternoon, Ratliff said he had not been contacted.
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