Speech First presents appeal in lawsuit against OSU

Jun. 1—A district court's dismissal of Speech First's lawsuit against Oklahoma State University for failing to name anonymous students violated the First Amendment, attorneys claimed in briefs filed Tuesday.

In the case that began in January, Speech First alleged the university's harassment policy chills protected speech because students feel the expression of their conservative views would be disciplined for being considered biased, harassing, intimidating and unwarranted.

The United States District Court for the Western District of Oklahoma dismissed the case in April because Speech First would not identify the three students it was suing on behalf of, using Summers v. Earth Island Institute as case law.

There, a group of environmentalist organizations sued the United States Forest Service on behalf of unidentified members. The Supreme Court ruled the organizations could not establish standing because they could not identify "concrete harm" done to the members without naming them.

Similarly, OSU attorneys argued Speech First couldn't prove any harm if it couldn't verify the students' enrollment..

But, Speech First attorneys said in discovery submitted to the Tenth Circuit Court of Appeals that the students' legal names are protected.

"Disclosing their names and their support for this litigation would chill protected speech and association," the discovery reads. "The university surely shares Speech First's concern with protecting these students ... and it would be ironic for the university to protest the anonymity of these students when it allows other students to anonymously report each other's 'biased' speech."

Cherise Trump, Executive Director of Speech First, said the students' anonymity is crucial to the lawsuit.

"Without it, students would be left open to the whims of authoritarian college administrators or faculty who are determined to censor, compel, and coerce student speech," Trump said. "Our lawsuit against Oklahoma State University is based on the fact that our student members fear retaliation from the university, fellow students and the broader community for expressing their views."

She said students who stand-up against the university require courage, but this action does not eliminate the threat of reprisal that still exists while these students remain on campus and attend classes.

"In fact, it could amplify this threat," Trump said. "Speech First has a duty to protect the identities of its student members."