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[ Wednesday, March 29, 2006 ]

PSU answers free speech lawsuit

Collegian Staff Writer

Penn State requested that the free-speech lawsuit filed last month on behalf of Penn State student A.J. Fluehr be dismissed in a response filed by the university's attorneys yesterday -- a move that clears the way for litigation to begin.

"It is denied that Penn State maintains a 'speech code policy,' that it 'disadvantages' religious expression or that it unlawfully restricts the availability of outdoor space for expressive activity," the response reads.

The lawsuit, filed by the Alliance Defense Fund (ADF) on Feb. 22, alleges that Penn State's policies on intolerance, free speech zones and club funding violate students' free-speech rights. The lawsuit states that Fluehr is seeking damages and an injunction against the policies.

Penn State's response, known in legal terms as an "answer," admits or denies each point of the original complaint. The response admits the existence of the university policies referenced in the original complaint, but it denies that those polices constitute a speech code or that they violate free speech rights.

"Such documents, being in writing, will speak for themselves," the response reads.

The response also denies that Fluehr is entitled to any damages or an injunction against the policies.

ADF lawyer David French said the university could have filed a motion to dismiss the complaint, but an "answer" means litigation will now begin. He said the next step is a scheduling conference, which is scheduled for April 20.

French said the scheduling conference will be followed by a "discovery" phase, where both the plaintiff and the defendant investigate their opponent's claims. He said a trial or a ruling from a judge would eventually follow.

"There's any number of things that could happen over the short term," he said.

French said ADF will eventually file a motion for an injunction, which will request that Penn State be barred from enforcing the policies at issue in the lawsuit. He said he expected Penn State to make a more detailed argument in a legal brief that responds to that motion.

Janine Gismondi, Penn State's attorney for the case, would not comment on the response. Fluehr also would not comment. Penn State spokesmen Bill Mahon and Tysen Kendig did not return phone calls by press time yesterday.

French said the response was "pretty much" what he anticipated. He said denying most claims is not unusual in a defendant's response to a complaint.

"Essentially, a defendant denies anything they don't actually know through firsthand knowledge," he said. "So much of it is just satisfying technical requirements."


 

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Updated: Wednesday, March 29, 2006  1:40:54 AM  -4
Requested: Friday, July 03, 2009  11:07:35 PM  -4
Created: Wednesday, May 07, 2008  6:56:25 PM  -4