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Jeremiah Poff, Education Reporter


NextImg:California community college illegally censored conservative students, appeals court rules

A federal appeals court ruled Thursday that a California community college violated the constitutional rights of a group of conservative students when it ordered the removal of flyers listing the death toll of communism.

The panel of the Ninth U.S. Circuit Court of Appeals ruled that Clovis Community College had illegally removed flyers that supported freedom and highlighted the death toll of communism. The flyers were posted by members of the Clovis chapter of Young America's Foundation, Alejandro Flores, Daniel Flores, and Juliette Colunga.

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The college's president, Lori Bennett, had ordered the flyers removed, citing a previously unpublished rule that said flyers had to "double as club announcements."

YAF-Clovis founder Alejandro Flores and fellow club members Daniel Flores and Juliette Colunga posing with the flyers that administrators ordered removed. A federal appeals court ruled that the school had violated their constitutional right to freedom of speech.


Internal emails revealed that Bennett had fabricated the reason specifically in response to the group's flyers, telling a subordinate, "If you need a reason, you can let them know that [we] agreed they aren’t club announcements."

The latest ruling affirmed a lower court ruling last year that said Clovis's policy was "facially overbroad under the First Amendment and unconstitutionally vague under the Fourteenth Amendment." The students were represented by the Foundation for Individual Rights and Expression.

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"Clovis tried again to justify its censorship, but the court saw through its flawed arguments,” Daniel Ortner, an attorney for FIRE, said of the appellate court's ruling. "The panel’s decision shows what we’ve argued all along: Clovis’s flyer policy is overbroad, vague, and indefensible in a court of law.”

The Washington Examiner has reached out to Clovis Community College for comment.