A lawsuit alleging that Penn State's policies violate students' free speech and association rights was filed yesterday by the Alliance Defense Fund (ADF) on behalf of Penn State student A.J. Fluehr.

The lawsuit alleges that Penn State has "an Orwellian speech code policy that is vague, overbroad and suppresses the discussion of controversial viewpoints."

"This code is enforced in part through a system of reporting that encourages students to inform on their fellow students whenever those students utter words or engage in actions deemed subjectively 'intolerant,' " according to the lawsuit.

The lawsuit also alleges that Penn State's organization recognition policy "systematically disadvantages religious expression" and discriminates based on viewpoint. It also alleges that Penn State restricts the areas on campus where students can engage in "expressive activity."

Penn State spokesman Tysen Kendig said that the university does not have a speech code.

"There's no policy, principle or the like that conflicts with everyone's right to free speech," he said.

Kendig said that university counsel would address any lawsuit that is filed.

The lawsuit says that Fluehr is seeking damages and an injunction against the policies. According to The Associated Press, the lawsuit was filed in conjunction with another lawsuit against Temple University regarding similar issues. That lawsuit was also filed by ADF on behalf of Temple graduate student Christian DeJohn.

Fluehr, a senator in the Undergraduate Student Government and member of Young Americans for Freedom, refused to comment on the lawsuit. David French, senior legal counsel for ADF, was unavailable for comment by press time yesterday. ADF is a Christian legal group based in Scottsdale, Ariz.

Penn State spokesman Bill Mahon said, "We don't have a speech code at Penn State. It sounds like a publicity stunt to me."

Penn State Policy AD29, the university's "statement on intolerance," states that "acts of intolerance will not be tolerated." It defines intolerance as "an attitude, feeling or belief in furtherance of which an individual acts to intimidate, threaten or show contempt for other individuals or groups."

Kendig said that the university's intolerance statement did not violate free speech rights.

"Acts and speech are two different things," he said.

Penn State Policy AD51 designates certain areas on campus as "suitable for expressive activity," which organizations may reserve. "Other areas on University property are reserved solely for their intended purposes," it states.

Mahon said that speech areas were constitutional.

"The courts have ruled for decades that universities can designate speech areas," he said.