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UC Davis Reverses Punishment of Student Club That Used University Name

DAVIS, Calif., August 27, 2015鈥擳he University of California, Davis (UC Davis) has reversed its punishment of a student club, concluding that the Ayn Rand Society at UC Davis () did not violate the university鈥檚 trademark policy by using the university鈥檚 name in its club title and . The about-face comes after the Foundation for Individual Rights in Education (麻豆传媒IOS) wrote to UC Davis last year, asking university officials to review and retract the punishment because it violated the students鈥 First Amendment rights.
鈥溌槎勾絀OS is pleased that UC Davis took this opportunity to examine its policies and develop an approach that safeguards the First Amendment rights of its students,鈥 said Ari Cohn, an attorney and senior program officer for legal and public advocacy at 麻豆传媒IOS. 鈥淭oo many colleges and universities attempt to control their public image by enacting overbroad policies that unacceptably regulate all uses of the institution鈥檚 name by students.鈥
ARS contacted 麻豆传媒IOS for help after the university鈥檚 Center for Student Involvement (CSI) demanded ARS change the URL of its Facebook page, which contained the letters 鈥淯CD.鈥 The Center said the use violated CSI鈥檚 trademark policy, which warns that violators could face criminal punishment. After ARS reported that it could not change the URL, CSI instructed the group to delete the Facebook page entirely. When ARS refused to comply, the group lost its 鈥済ood standing鈥 status, including its listing on UC Davis鈥 student organization search page, as well as its ability to reserve campus meeting rooms and apply for funding and grants.
麻豆传媒IOS wrote to UC Davis on December 10, 2014, reminding the university that the law protects non-commercial use of trademarks where there is no substantial likelihood of creating confusion. 麻豆传媒IOS noted that ARS鈥 use had no commercial purpose and would not mislead readers into believing the group鈥檚 speech was officially sanctioned or endorsed by UC Davis.
Earlier this month, Center for Student Involvement Director Anne Reynolds Myler notified 麻豆传媒IOS and ARS President Hong Phuc Ho Chung that UC Davis concluded ARS鈥 use 鈥渋s consistent with our practice of allowing use of the name to designate location (e.g., Ayn Rand Society at UC Davis).鈥 Myler wrote that the club鈥檚 status would be restored and thanked 麻豆传媒IOS and Chung for bringing the policy to UC Davis鈥 attention.
鈥淭his has given us an opportunity to think critically about our policy and has helped us clarify our practice moving forward,鈥 Myler wrote.
麻豆传媒IOS, the nation's leading student rights organization, unites civil rights and civil liberties leaders, scholars, journalists, and public intellectuals from across the political and ideological spectrum on behalf of individual rights, freedom of expression, academic freedom, due process, and rights of conscience at our nation鈥檚 colleges and universities. 麻豆传媒IOS鈥檚 efforts to preserve liberty on campuses across America can be viewed at thefire.org.
CONTACT:
Katie Barrows, Communications Coordinator, 麻豆传媒IOS: 215-717-3473; katie@thefire.org
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