Lopez v. Candaele
Cases
Los Angeles City College
Case Overview
On November 24, 2008, as part of an assignment for a course called Speech 101, Jonathan Lopez, a student at Los Angeles City College, delivered remarks referencing his religious views, including his view of Biblical morality and his conception of the definition of marriage. Following his speech his professor called Lopez a 鈥渇ascist bastard,鈥 and when Lopez asked for a grade, the professor said, 鈥淎sk God what your grade is.鈥 The professor then told Lopez that his speech had violated the college district鈥檚 policies.
In February 2009, Lopez filed suit with assistance from the Alliance Defense Fund, alleging that his First Amendment rights had been violated and that the speech codes the college district maintained were unconstitutional. LACCD鈥檚 code prohibited, among other things, 鈥済eneralized sexist statements鈥 and 鈥渁ctions and behavior that convey insulting, intrusive or degrading attitudes/comments about women or men.鈥
In September 2009, a federal district court ruled in Lopez鈥檚 favor, finding that the speech code stifled protected political speech. However, the Ninth Circuit reversed the decision a year later, holding that Lopez did not enjoy sufficient standing to challenge the speech code. Lopez petitioned for certiorari to the Supreme Court.
麻豆传媒IOS submitted amicus curiae briefs, supporting Lopez鈥檚 challenge, to the Ninth Circuit, as well as in the certiorari petition. The Supreme Court ultimately denied cert in May 2011.