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SUNY: Christian's
expression not a "cultural, educational, social, or
recreational" activity
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ALLIANCE
DEFENSE
FUND NEWS RELEASE
September
7,
2005 – FOR IMMEDIATE RELEASE
CONTACT ADF
MEDIA RELATIONS: (480) 444-0020
ADF
attorneys file suit to defend First Amendment rights of
Christian man prohibited from speaking to students on campus of
community college
ALBANY, N.Y. - Attorneys with the
Alliance Defense Fund filed a federal civil rights lawsuit today
against officials with Ulster County Community College for
violating the free speech rights of a man who wanted to speak
about his faith and hand out religious literature to students on
campus in a non-disruptive manner.
"This is simply another example of overzealous school officials
attempting to marginalize people of faith," said ADF Senior
Legal Counsel Nate Kellum. "This lawsuit is necessary to
protect this man's constitutional rights and ensure that the
school does not wrongly discriminate against speakers with a
religious perspective."
School officials told Greg Davis, a resident of Indian Lake,
that he needed to file a facilities use permit application in
order to speak about his faith with students in a public, grassy
area on campus in October 2003. When he did so, the application
was denied because the school claimed that his desired religious
expression does not constitute a "cultural," "educational,"
"social," or "recreational" activity.
"The Constitution does not say that speech is only free if it
meets certain arbitrary categories developed by public
officials," said Kellum. "But it's ridiculous nonetheless to
say that religious expression does not fall into one of those
categories."
Davis was at first told by a school official that he could speak
about his faith on campus. He was told later the same day that
he would need to submit a facilities use permit application even
though he did not intend to make use of any school buildings.
Eventually, Davis left campus when a different school official
informed him that his religious expression was prohibited
altogether. Davis then filed the permit application that was
later denied.
The lawsuit, Davis v. Katt, was filed in the U.S.
District Court for the Northern District of New York, Albany
Division. The full text of the complaint can be read at
www.telladf.org/UserDocs/DavisvKattComplaint.pdf.
ADF is
America's largest legal alliance defending religious liberty
through strategy, training, funding, and litigation.
www.telladf.org
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