Corry v. Stanford
Encyclopedia
Robert J. Corry, et al. v. The Leland Stanford Junior University, et al., No. 740309 (Cal. Super. Ct. Feb. 27, 1995), was a case in which the Superior Court
of Santa Clara County
, California
ruled that Stanford University
's speech code
violated the freedom of speech rights
of its students guaranteed under California's Leonard Law
.
. The 1992 law had applied the First Amendment
to all of California's secular
private
college
s and universities
.
In addition to Stanford University itself, the defendant
s included Judicial Affairs Officer Sally Cole, President Gerhard Casper
, and Board of Trustees President John Freidenrich. The defendants made two arguments in the suit. First, they argued that Stanford's speech code was protected under Chaplinsky v. New Hampshire
, as the code only prohibited fighting words
. Secondly, they argued that the Leonard Law actually violated Stanford's First Amendment rights, as Stanford is a private entity.
s.
Stone ruled that the Stanford speech code restricted more than just fighting words
, by including insulting speech. Therefore, using the Leonard Law
and Chaplinsky, the code was illegal. He ruled further that even if he accepted the argument that the speech code only restricted fighting words, it was still illegal using the Leonard Law and R. A. V. v. City of St. Paul
as the code restricted speech based on content.
Stone also ruled that the Leonard Law was constitutional, essentially because it did not in any way restrict the speech of the university as a corporate entity. The university remained free to express its abhorrence of racial and other forms of prejudice. The Law expanded, rather than contracted, the range of legally permissible speech by protecting the free speech rights of students without abridging those of the university itself. To be able to express its own opposition to prejudice, it was not necessary for the university to have the power to prohibit speech with which it strongly disagreed.
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
of Santa Clara County
Santa Clara County, California
Santa Clara County is a county located at the southern end of the San Francisco Bay Area in the U.S. state of California. As of 2010 it had a population of 1,781,642. The county seat is San Jose. The highly urbanized Santa Clara Valley within Santa Clara County is also known as Silicon Valley...
, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
ruled that Stanford University
Stanford University
The Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...
's speech code
Speech code
A speech code is any rule or regulation that limits, restricts, or bans speech beyond the strict legal limitations upon freedom of speech or press found in the legal definitions of harassment, slander, libel, and fighting words. Such codes are common in the workplace, in universities, and in...
violated the freedom of speech rights
Freedom of speech in the United States
Freedom of speech in the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal laws, with the exception of obscenity, defamation, incitement to riot, and fighting words, as well as harassment, privileged...
of its students guaranteed under California's Leonard Law
Leonard Law
The Leonard Law is a California law passed in 1992 that applies the First Amendment to the United States Constitution to private colleges and universities. The law also applies Article I, Section 2 of the California Constitution to private colleges and universities. California is the only state to...
.
Arguments
On May 2, 1994, Robert J. Corry and nine other Stanford students filed suit arguing that Stanford's speech code violated California's Leonard LawLeonard Law
The Leonard Law is a California law passed in 1992 that applies the First Amendment to the United States Constitution to private colleges and universities. The law also applies Article I, Section 2 of the California Constitution to private colleges and universities. California is the only state to...
. The 1992 law had applied the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
to all of California's secular
Secularism
Secularism is the principle of separation between government institutions and the persons mandated to represent the State from religious institutions and religious dignitaries...
private
Private school
Private schools, also known as independent schools or nonstate schools, are not administered by local, state or national governments; thus, they retain the right to select their students and are funded in whole or in part by charging their students' tuition, rather than relying on mandatory...
college
College
A college is an educational institution or a constituent part of an educational institution. Usage varies in English-speaking nations...
s and universities
University
A university is an institution of higher education and research, which grants academic degrees in a variety of subjects. A university is an organisation that provides both undergraduate education and postgraduate education...
.
In addition to Stanford University itself, the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s included Judicial Affairs Officer Sally Cole, President Gerhard Casper
Gerhard Casper
Gerhard Casper was the 9th president of Stanford University from 1992-2000. He is currently the Peter and Helen Bing Professor in Undergraduate Education at Stanford...
, and Board of Trustees President John Freidenrich. The defendants made two arguments in the suit. First, they argued that Stanford's speech code was protected under Chaplinsky v. New Hampshire
Chaplinsky v. New Hampshire
Chaplinsky v. State of New Hampshire, was a case decided by the Supreme Court of the United States, in which the Court articulated the fighting words doctrine, a limitation of the First Amendment's guarantee of freedom of speech.-Facts of the case:...
, as the code only prohibited fighting words
Fighting words
Fighting words are written or spoken words, generally expressed to incite hatred or violence from their target. Specific definitions, freedoms, and limitations of fighting words vary by jurisdiction...
. Secondly, they argued that the Leonard Law actually violated Stanford's First Amendment rights, as Stanford is a private entity.
Ruling
On February 27, 1995, Santa Clara County Superior Court Judge Peter G. Stone ruled in favor of the plaintiffPlaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
s.
Stone ruled that the Stanford speech code restricted more than just fighting words
Fighting words
Fighting words are written or spoken words, generally expressed to incite hatred or violence from their target. Specific definitions, freedoms, and limitations of fighting words vary by jurisdiction...
, by including insulting speech. Therefore, using the Leonard Law
Leonard Law
The Leonard Law is a California law passed in 1992 that applies the First Amendment to the United States Constitution to private colleges and universities. The law also applies Article I, Section 2 of the California Constitution to private colleges and universities. California is the only state to...
and Chaplinsky, the code was illegal. He ruled further that even if he accepted the argument that the speech code only restricted fighting words, it was still illegal using the Leonard Law and R. A. V. v. City of St. Paul
R. A. V. v. City of St. Paul
R.A.V. v. City of St. Paul, was a United States Supreme Court case involving hate speech and the free speech clause of the First Amendment to the Constitution of the United States. A unanimous Court struck down St...
as the code restricted speech based on content.
Stone also ruled that the Leonard Law was constitutional, essentially because it did not in any way restrict the speech of the university as a corporate entity. The university remained free to express its abhorrence of racial and other forms of prejudice. The Law expanded, rather than contracted, the range of legally permissible speech by protecting the free speech rights of students without abridging those of the university itself. To be able to express its own opposition to prejudice, it was not necessary for the university to have the power to prohibit speech with which it strongly disagreed.