Court order for shippensburg university
In September of 2003, a case brought to the Middle District Court of Pennsylvania lead to a public university's speech code being struck down. With the help of FIRE, two students filed suit against Shippensburg University's speech code. The speech code defined primary rights to include the right to be free from harassment, intimidation, physical harm, and emotional abuse. The right to expression was a secondary right, and only existed so long as "the expression of one's belief" is "communicated in a manner that does not provoke, harass, intimidate, or harm another." But the most unconstitutional part proved to be found in the Racism and Cultural Diversity Statement:
- "It is the unequivocal position of Shippensburg University to prohibit racism/ethnic intimidation and harassment; and to affirm cultural diversity, social justice and equality."
- "Racism shall be defined as the subordination of any person or group based on race, color, creed, or national origin." It shall be a violation of this policy for any person or group to maliciously intend to engage in any activity, (covert or overt that attempts to injure, harm, malign or harass), that causes the subordination, intimidation, and/or harassment of a person or group based on race, color, creed, national origin, sex, disability or age"
- "Shippensburg University's commitment to racial tolerance, cultural diversity, and social justice will require every member of this community to ensure that the principles of these ideals be mirrored in their attitudes."