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  • NCAC's Legal Advocacy

For over 50 years, NCAC has stood as a watchdog against censorship. 

Our legal advocacy work stands at the frontlines of the battle for freedom of speech. Whether it’s fighting book bans, challenging unconstitutional policies, or supporting artists, students, and educators whose voices are being silenced — we don’t just talk about rights. We fight for them.

Censorship doesn’t just affect celebrities and politicians. It affects everyone; it affects you. That’s why NCAC’s legal team fights on behalf of everyday people whose words, ideas, or creations are unfairly silenced. We empower individuals, support communities, and make justice louder than silence.

From filing amicus briefs in high-profile cases to providing insights into complex laws, we work to ensure that censorship is never left unchallenged.

The fight against censorship requires more than outrage — it requires strategy. NCAC’s legal advocacy focuses on ensuring that the First Amendment evolves with the times — never against them.

NCAC Joins Amicus Brief in Lawsuit Challenging Arizona’s Ethnic Studies ban

By |November 26th, 2013|Categories: Incidents, Legal Advocacy|Tags: , , , , , , , |

NCAC has partnered with the Freedom To Read Foundation and other library, education, and free speech organizations in filing an amicus brief with the Ninth Circuit Court of Appeals in Arce v. Huppenthal, arguing that a statute which led to the disbanding of Tucson’s Mexican American Studies (MAS) program violates Arizona students’ First Amendment rights.

In The Courts: Gene Patents, Ward Churchill, Arizona, Harmful to Minors

By |May 15th, 2013|Categories: Censorship News Articles, Legal Advocacy|Tags: , , |

  Gene Patents A gene patent case now in the Supreme Court is attracting a lot of attention, not only because of its importance to scientific research and health care but also because of its potential free speech implications.   Association for Molecular Pathology v. Myriad Genetics challenges the validity [...]

Jury Finds Former College President Personally Liable for $50,000 in Victory for Student Rights

By |February 14th, 2013|Categories: Legal Advocacy, News|Tags: , , |

ATLANTA, February 1, 2013-A federal jury today found former Valdosta State University (VSU) President Ronald M. Zaccari personally liable for $50,000 for violating the due process rights of former student Hayden Barnes in the case of Barnes v. Zaccari. In May 2007, Zaccari expelled Barnes for peacefully protesting Zaccari's plan to construct two parking garages on campus, calling a collage posted by Barnes on his personal Facebook page a "threatening document" and labeling Barnes a "clear and present danger" to VSU. Barnes first came to the Foundation for Individual Rights in Education (FIRE) for help in October 2007.

"College administrators have been blatantly and willfully violating student rights for decades, but they have far too often dodged personal responsibility. Not so today," said FIRE President Greg Lukianoff. "We hope this serves as a much-needed wake up call to college administrators that it's time to start paying close attention to the basic rights of their students."

"After five years, I finally feel vindicated. This is a victory for me but it's also a victory for students everywhere," said Barnes. "I hope that other college administrators take heed and see that violating students' rights can be costly and that they will be held accountable. I thank my legal team and FIRE for making this victory possible and my friends and family for standing by me through this difficult fight."

Barnes' ordeal began in the spring of 2007, when he protested Zaccari's plan to construct two new parking garages on campus at a cost of $30 million. By posting flyers and sending emails to Zaccari, student and faculty governing bodies, and the Board of Regents of the University System of Georgia, Barnes expressed his concerns and proposed what he saw as environmentally friendly alternatives. Barnes also penned a letter to the editor of the VSU student newspaper about the proposed parking garage plans and wrote to Zaccari to ask for an exemption from the mandatory student fee designated for funding the construction.

In response to Barnes' activism, Zaccari personally ordered that he be "administratively withdrawn" from VSU in May of 2007, ignoring the concerns raised by members of his administration. Zaccari absurdly claimed that Barnes presented a "clear and present danger" to both Zaccari and the VSU campus on the basis of a cut-and-paste collage Barnes had posted on his Facebook page that included pictures of Zaccari, a parking deck, and the caption "S.A.V.E.-Zaccari Memorial Parking Garage." Given no notice or opportunity to defend himself, Barnes came to FIRE for help in October 2007.

Today's verdict follows five years of litigation, both at the trial and appellate levels. In January 2008, Barnes filed suit in cooperation with eminent First Amendment attorney and FIRE Legal Network member Robert Corn-Revere of Davis Wright Tremaine in Washington, D.C., and Cary Wiggins of The Wiggins Law Group in Atlanta.

In September of 2010, the U.S. District Court for the Northern District of Georgia found that because Zaccari expelled Barnes without notice or a hearing, Zaccari violated Barnes' constitutional right to due process. In its opinion (PDF), the district court ruled that because Zaccari ignored "clearly established" law in punishing Barnes, Zaccari could not avail himself of the defense of "qualified immunity," and could be found personally liable for damages.

Zaccari and the Board of Regents appealed the district court's ruling to the United States Court of Appeals for the Eleventh Circuit in October 2010, and oral arguments in the case were heard in Montgomery, Alabama, in November 2011. The Eleventh Circuit upheld the district court's denial of qualified immunity to Zaccari, finding that Barnes "had a clearly established constitutional right to notice and a hearing before being removed from VSU." Joined by 14 other organizations from across the ideological spectrum concerned about student rights on public campuses, FIRE had authored and filed an amici curiae brief with the Eleventh Circuit in April 2011 urging that result.

Following the Eleventh Circuit's ruling, the case returned to federal district court. The trial began on Monday, January 28, 2013, before the United States District Court for the Middle District of Georgia, Valdosta Division, and ended today with a verdict in Barnes' favor. In addition to the $50,000 judgment, attorneys' fees still remain to be assessed against the losing party. Barnes' separate breach of contract claim against the Board of Regents remains pending in state court.

"We are very pleased to have secured a just outcome for Hayden," said Corn-Revere.

FIRE has aided Barnes since learning of his case in October 2007. FIRE wrote repeatedly to Board of Regents officials, urging them to undo VSU's unlawful actions and uphold the Constitution within the university system. Under pressure from FIRE and the federal lawsuit against Zaccari and other VSU administrators, the Board of Regents finally reversed Barnes' expulsion early in 2008, and Zaccari retired months earlier than planned. Under further pressure from FIRE, former VSU President Patrick J. Schloss dismantled VSU's unconstitutional free speech zone in September 2008.

FIRE is a nonprofit educational foundation that unites civil rights and civil liberties leaders, scholars, journalists, and public intellectuals from across the political and ideological spectrum on behalf of individual rights, due process, freedom of expression, academic freedom, and rights of conscience at our nation's colleges and universities. FIRE's efforts to preserve liberty at Valdosta State University and on campuses across America can be viewed at thefire.org.

CONTACT: Will Creeley, Director of Legal and Public Advocacy, FIRE: 215-717-3473; [email protected]

NCAC Files Amicus Brief Challenging California Video Game Law

By |October 1st, 2010|Categories: Blog, Legal Advocacy|Tags: , , , , , |

Schwarzenegger v. Entertainment Merchants Association et al: The brief challenges a California law designed to prevent minors from purchasing "violent video games." The law requires that any violent video game "that is imported into or distributed in California for retail sale" be labeled with a two inch by two inch label marked "18."

NCAC Joins Brief in Snyder v. Phelps

By |August 13th, 2010|Categories: Incidents, Legal Advocacy|Tags: , , , , , |

In July, 2010, NCAC joins The Thomas Jefferson Center for the Protection of Free Expression, The Marion B. Brechner First Amendment Project, and The Pennsylvania Center for The First Amendment in a friend of the court brief in the Supreme Court in support of the right to protest.

Forget staging “Who’s Afraid of Virginia Woolf”

By |December 16th, 2009|Categories: Blog, Legal Advocacy|Tags: , , , , , , |

This week, in a decision that is likely to limit what theaters decide to produce, Colorado's Supreme Court upheld the state's ban on theatrical smoking. The 2006 Colorado Clean Indoor Air Act prohibits smoking inside public buildings. This is something we welcome! However, contrary to the situation in other [...]

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