Facts

Robert Van Tuinen filed a complaint for injunctive and declaratory relief, as well as damages, against Yosemite Community College District, Dr. Joan Smith, Jill Stearns, Michael Guerra, Brenda Thames, Becky Crow, and Christine Serrano, in connection with an incident that occurred on Sept. 17, 2013.

PLAINTIFF'S CONTENTIONS:
Van Tuinen contended that on Constitution Day 2013, he had attempted to distribute copies of the United States Constitution to fellow Modesto Junior College students. He contended that he was in a public area of the campus, when a security officer and a College clerical staff member told him to stop. Then he was told he would only be allowed to distribute the materials at a "free speech zone" and only after he had scheduled his planned distribution by providing notice at least five days in advance.

Van Tuinen claimed that the College's restrictions impinged on his rights to free expression. He also claimed that the rules were facially overbroad and prohibited the exercise of free expression on campus. Van Tuinen asserted causes of action for violating his freedom of speech and due process under both the California constitution and the U.S. Constitution.

DEFENDANTS' CONTENTIONS:
Defendants contended that although it was prepared to deny many of the factual allegations in plaintiff's complaint, and assert affirmative defenses, it decided to settle the matter early and revise existing policies and procedures.

Result

The parties agreed to settle the dispute for $50,000. In addition, the College also agreed to change its free speech area policy. The College no longer requires students to seek approval for free expression on campus. In addition, it also listed areas designated for free speech.

Other Information

FILING DATE: Oct. 10, 2013.