A student and a student group represented by Alliance Defending Freedom attorneys filed a federal lawsuit against Montclair State University officials Wednesday after they forced students to stop peaceful, expressive activity without a permit. The lawsuit also challenges the university’s Bias Education Response Taskforce and an unconstitutional class system that grants preferential treatment to student organizations based on their viewpoints.
On Sept. 10, 2019, Mena Botros and two fellow students dressed in orange jump suits and held up signs voicing their support—as pretend criminals—for gun-free zones. The purpose was to express their belief that laws creating gun-free zones only benefit criminals and harm law-abiding citizens. Despite peacefully expressing their ideas in a common outdoor area of campus, a campus police officer forced them to stop. He told the students that anyone who wants to speak on campus has to obtain permission at least two weeks in advance and that the dean’s office would assign them a time and place to speak. The students, affiliated with Young Americans for Liberty, are challenging the two-week requirement because it unconstitutionally suppresses all speech and because it allows the university to deny or delay a student’s request for permission for any reason.
“A public university is supposed to be a marketplace of ideas, but that marketplace can’t function if officials impose burdensome restraints on speech or if they can selectively enforce those restraints against disfavored groups,” said ADF Legal Counsel Michael Ross.