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Home > Valdosta State University v. Barnes

Valdosta State University v. Barnes [1]

Submitted by DMLP Staff on Thu, 01/31/2008 - 14:17

Summary

Threat Type: 

Disciplinary Action

Date: 

05/07/2007

Status: 

Concluded

Disposition: 

Withdrawn

Location: 

Georgia

Verdict or Settlement Amount: 

N/A

Legal Claims: 

None
T. Hayden Barnes, a student at Valdosta State University, expressed opposition on environmental grounds to the planned construction of two parking garages on the University campus. His campaign included a cut-and-paste collage that he posted on his FaceBook page... read full description
Parties

Party Receiving Legal Threat: 

T. Hayden Barnes

Type of Party: 

School

Type of Party: 

Individual

Location of Party: 

  • Georgia

Location of Party: 

  • Georgia

Legal Counsel: 

Debrae C. Kennedy (for Board of Regents)

Legal Counsel: 

Robert Corn-Revere (for Barnes)
Description

T. Hayden Barnes, a student at Valdosta State University, expressed opposition on environmental grounds to the planned construction of two parking garages on the University campus. His campaign included a cut-and-paste collage [2] that he posted on his FaceBook page depicting a garage, a globe flatten by a tire tread, and the University's president, as well as text such as "more smog." He also posted flyers around campus, sent e-mails to administrators and students, and wrote a letter to the editor in the campus paper.

Barnes was expelled from the university for these actions. The university stated that he presented a "clear and present danger" to the university.

Barnes appealed [3] his expulsion to the university's Board of Regents. When his hearing was delayed several times, he filed a lawsuit [4] against the University, its president and the Board claiming that his expulsion violated his First Amendment freedom of speech rights. He also alleged that the University had failed to respect his right to due process under the Georgia Constitution and the Fourteenth Amendment of the US Constitution, and had failed to follow the procedures for dismissals in the University student handbook or the Board's policies.

On January 16, 2008, the Board reversed Barnes' expulsion.

Update:

11/19/2008 - The federal court granted in part and denied in part the defendants' motion to dismiss Barnes' complaint.

Related Links: 

  • Student Press Law Center: Ga. college student expelled after criticizing president's plan files suit [5]
  • FIRE: Voldasta State University: Student Expelled for Peacefully Protesting Parking Garages [6]
  • FIRE: Good News From Georgia: Federal District Court Issues Important First Order in Valdosta State Lawsuit  [7]
Details

Web Site(s) Involved: 

FaceBook [8]

Content Type: 

  • Text
  • Graphic

Publication Medium: 

Social Network

Subject Area: 

  • Student Speech
Court Information & Documents

Jurisdiction: 

  • Georgia

Source of Law: 

  • United States
  • Georgia

Court Name: 

United States District Court, Northern District of Georgia

Court Type: 

Federal

Case Number: 

108-CV-0077

Relevant Documents: 

PDF icon 2008-01-09-Complaint.pdf [9]
PDF icon Board of Regents Statement of Appeal.pdf [10]
PDF icon Collage.pdf [11]
PDF icon 2008-11-19-Order on Valdosta State's Motion to Dismiss.pdf [12]
CMLP Information (Private)

CMLP Notes: 

Jill Button editing

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Source URL (modified on 08/20/2014 - 11:05pm): https://www.dmlp.org/threats/valdosta-state-university-v-barnes

Links
[1] https://www.dmlp.org/threats/valdosta-state-university-v-barnes
[2] https://www.dmlp.org/sites/citmedialaw.org/files/Collage.pdf
[3] https://www.dmlp.org/sites/citmedialaw.org/files/Board%20of%20Regents%20Statement%20of%20Appeal.pdf
[4] https://www.dmlp.org/sites/citmedialaw.org/files/2008-01-09-Complaint.pdf
[5] http://www.splc.org/newsflash.asp?id=1664
[6] http://www.thefire.org/index.php/case/751.html
[7] http://thefire.org/index.php/article/9963.html
[8] http://www.facebook.com
[9] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-01-09-Complaint.pdf
[10] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/Board%20of%20Regents%20Statement%20of%20Appeal.pdf
[11] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/Collage.pdf
[12] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-11-19-Order%20on%20Valdosta%20State%27s%20Motion%20to%20Dismiss.pdf