Mark S. Schlissel
President, University of Michigan
Kyle J. Bristow, Esq. 2074 Fleming Building
Admissions: Ann Arbor, MI 48109
Michigan (P77200)
Ohio (#0089543)
Sent via Electronic Mail (presoff@umich.edu) Only
SCOTUS (#296690)
CAAF (#35818)
E.D. Mich. RE: CAMERON PADGETT v. MARK S. SCHLISSEL, ET AL.
W.D. Mich. PLANNED RICHARD SPENCER EVENT
N.D. Ohio PRE-SUIT DEMAND
S.D. Ohio
4th Cir. President Schlissel:
5th Cir.
6th Cir. Take note that I represent Cameron Padgett (Padgett) for purposes of the
Bristow Law, PLLC controversy described herein. If you have legal counsel, please immediately
P.O. Box 381164 direct them to contact me and I will correspond with them and not you in the
Clinton Twp., MI 48038 future.
(248) 838-9934
BristowLaw@gmail.com As you are undoubtedly well aware, Padgett would like to rent a publicly
www.KyleBristow.com available room on the campus of the University of Michigan to host an Alt-
Right political event which would feature as speakers Padgett and the National
Policy Institutes Richard Spencer (Spencer).
In case you are not familiar with constitutional lawyou did, after all, once
THIS FIRM IS A DEBT
COLLECTOR
state that the distribution of Alt-Right political posters on the University of
ATTEMPTING TO Michigans campus constitutes an act of terrorism,2 and the law students at
COLLECT A DEBT. your universitys purportedly prestigious law school reportedly play with Play-
ANY INFORMATION Doh, doodle with coloring books, and blow bubbles like toddlers when they are
OBTAINED WILL BE not receiving therapy with the schools embedded psychologist3, I have
USED FOR THAT
PURPOSE.
enclosed with this correspondence a copy of the complaint filed against President Lou Anna Simon
of Michigan State University. A similar complaint will be filed against you and/or your
accomplices unless Padgetts constitutionally-guaranteed right to free speech is honored.
The University of Michigan has until Friday, November 24, 2017, at 5:00 p.m. to publicly
acknowledge that Padgett can rent a room on its campus at which Padgett and Spencer will speak,
or else I will make Regent Newman happy by filing suit in federal court and seeking a court
order for the samein addition to a significant money judgment.
Violations of our peoples sacred right to free speech will not whatsoever be tolerated by me. I
will use any and all resources as my disposal to see this matter through to a just and equitable
conclusion.
Very sincerely,
1
https://www.michigandaily.com/section/administration/weiser-richard-spencer-disgusting
2
http://www.detroitnews.com/story/news/local/michigan/2016/10/05/schlissel-racist-fliers-um-
act-terrorism/91612952/
3
http://www.foxnews.com/us/2016/11/14/university-michigan-cancels-plan-to-help-students-
cope-with-trump-using-coloring-books-play-doh-and-bubbles.html
2
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
NOW COMES Cameron Padgett (Plaintiff), by and through Attorney Kyle Bristow of
Bristow Law, PLLC, and hereby propounds upon Lou Anna Kimsey Simon (Defendant) and
this Honorable Court Plaintiff Cameron Padgetts Corrected First Amended Verified Complaint:
I. INTRODUCTION
violated Plaintiffs right to free speechas guaranteed to Plaintiff by the First and Fourteenth
Amendments to the United States Constitutionby prohibiting Plaintiff from hosting Richard
Spencer (Spencer) of the National Policy Institute (NPI) as a speakerin addition to other
speakers, including Plaintiffon the campus of Michigan State University (MSU) to share with
II. PARTIES
2. Plaintiff is an adult natural person, a citizen by birth of the United States of America, and
3. Defendant is an adult natural person who is the president of MSU. Upon information and
belief, Defendant is a domiciliary of the State of Michigan. Defendant is sued in her personal and
official capacities. At all times relevant to the instant controversy, Defendant acted under the color
4. This Court enjoys subject matter jurisdiction over the instant civil action because the
controversy involves a federal question about Plaintiffs constitutional right to free speech being
5. This Court enjoys personal jurisdiction over Defendant because Defendant is subject to the
jurisdiction of a court of general jurisdiction within the State of Michigan since Defendant is
upon information and beliefdomiciled in the State of Michigan and Defendant did and caused
tortious injury to Plaintiff in the State of Michigan. Fed. R. Civ. P. 4(k)(1)(A); MCL 600.701;
MCL 600.705.
2
6. Venue is appropriate with this Court because a substantial part of the events or omissions
giving rise to Plaintiffs claims occurred in the Courts jurisdictional district. 28 U.S.C.
1391(b)(2).
7. MSU is a public university principally located in City of East Lansing, State of Michigan.
MSU is organized under the laws of the State of Michigan pursuant to MCL 390.101, et seq.
9. Located on the campus of MSU is the Kellogg Hotel & Conference Center (Kellogg
Hotel). Kellogg Hotel is owned and operated by MSU, and hotel rooms, conference rooms, and
banquet facilities at Kellogg Hotel are publicly advertised as being available for rent on the website
10. Plaintiff is a senior at Georgia State University who subscribes to identitarian philosophy.
At all times relevant to the instant controversy, Plaintiff does not engage in or advocate criminal
conduct.
12. Plaintiff is a supporter of Spencer and Plaintiff has organized a number of events at college
campuses at which Spencer and other identitarian and Alt-Right political activistsinvited by
Plaintiffspeak as guests.
advocates the preservation of national identity, a return to traditional Western values, and advances
European racial interests. Race-based preferential treatment for non-Europeans (a/k/a affirmative
3
action), non-European immigration to European countries and their former colonies, international
free trade agreements, radical feminism, sexual deviancy, and the ideology of multiculturalism are
14. Spencer is arguably the foremost advocate for Alt-Right philosophy in the world and is
rapidly becoming a major figure in contemporary American politics. Spencer graduated from the
University of Virginia with a Bachelor of Arts degree, the University of Chicago with a Master of
Arts degree, and pursued a Ph.D. in modern European intellectual history at Duke University. At
all times relevant to the instant controversy, Spencer does not engage in or advocate criminal
conduct.
15. NPI is a think-tank based in City of Alexandria, Commonwealth of Virginia, for which
Spencer serves as its figurehead. NPI promotes Alt-Right philosophy through its publications and
private and public events. At all times relevant to the instant controversy, NPI does not advocate
criminal conduct.
16. Due to the viewpoint of Plaintiff, Spencer, and NPI, people who are politically left-of-
objectionable. Activists affiliated with the Antifa political movement have previously violently
attacked Spencer and Spencers supporters at venues at which Spencer and Spencers supporters
peacefully assembled with the explicit goal of shutting down Spencers events.
organization of radically left-wing activists who resort to violence as a matter of practice to try to
and wearing masks to conceal their identities, Antifa activists routinely show up to politically right-
of-center and identitarian events with baseball bats, knives, sticks, pepper spray, and other
4
weapons to attack their political opponents. Antifa activists often throw water balloons filled with
urine and other harmful objects at politically right-of-center and identitarian people without lawful
justification.
18. On or about July 20, 2017, Plaintiff attempted to rent a conference room at Kellogg Hotel
at which Plaintiff, Spencer, and other invited speakers would have shared with attendees their Alt-
Right and identitarian philosophies. Plaintiff wasand is stillpersonally prepared to pay for the
conference room.
19. When Plaintiff attempted to rent the conference room at Kellogg Hotel, Plaintiff
corresponded with Christina Reitler (Reitler)an agent or employee of MSUand relayed that
Plaintiff was in search of a room that could hold four hundred (400) people, but Plaintiff was
and is nowflexible with this request. Plaintiff is indifferent as to whether Plaintiffs event occurs
at Kellogg Hotel and with a room that can hold four hundred (400) people; so long as Plaintiff is
able to rent a large conference room or lecture hallsuch as at Conrad Hallat a reasonable time
webpage about Plaintiff requesting to rent a publicly available room on MSUs campus at
<http://president.msu.edu/communications/speeches-statements/request-to-speak-on-
campus.html>:
Michigan State University has been contacted by the National Policy Institute
seeking to rent space to accommodate a speaker on campus. The NPI describes
itself as dedicated to the heritage, identity and future of people of European
descent.
We are aware of no connection with any MSU-related group or individual, but such
is not required to seek publicly available space.
No decision has yet been made. We are reviewing the request closely in light of the
deplorable violence in Charlottesville, Va., last weekend.
5
Michigan State takes seriously its obligations to accommodate a broad range of
speech. As our record shows, this university does not determine who can access
public spaces based on what they think or say.
The diversity they shun is a source of our strength, like America itself, and every
day some 65,000 students, faculty and MSU staffand half a million alumniare
the living proof. So we will not be intimidated, nor stoop to reciprocate hate.
As Americas pioneer land-grant university, MSU from the start was dedicated to
opening broad access to cutting-edge knowledge. We are proud of MSUs long
engagement in civil and human rights. And we will continue to welcome and
nurture the diverse, engaged citizen-scholars that this world needstoday more
than ever.
We stand with our colleagues across the country for the best of humanity, and our
resolve is implacable. Spartans Will.
21. On August 17, 2017, Defendant released an additional statement on Defendants MSU-
provided webpage about Plaintiff requesting to rent a publicly available room on MSUs campus
at <http://president.msu.edu/communications/speeches-statements/request-to-speak-on-
campus.html>:
After consultation with law enforcement officials, Michigan State University has
decided to deny the National Policy Institutes request to rent space on campus to
accommodate a speaker. This decision was made due to significant concerns about
public safety in the wake of the tragic violence in Charlottesville last weekend.
While we remain firm in our commitment to freedom of expression, our first
obligation is to the safety and security of our students and our community.
22. Plaintiff is neither an employee or agent of Spencer or NPI. When Plaintiff contacts
possible venues to inquire about renting publicly available rooms for Plaintiffs planned events to
promote Alt-Right and identitarian philosophy, Plaintiff does so in Plaintiffs personal capacity.
When Plaintiff corresponded with Reitler, Plaintiff made it unequivocally clear that Plaintiff was
attempting to rent a room in Plaintiffs personal capacity and not on behalf of Spencer or NPI.
6
Had MSU provided Plaintiff a contract for the requested room rental, Plaintiff fully intended to
enter into it in Plaintiffs personal capacity. Had MSU charged Plaintiff a fee for the rental of the
room for Plaintiffs planned event, Plaintiff would have paid for it with Plaintiffs personal
finances. Defendant refused Plaintiff the opportunity to exercise Plaintiffs own right to free
speech by prohibiting Plaintiff from renting the room for the purpose intended by Plaintiff.
23. Defendants decision to prohibit Plaintiff from renting a conference room or lecture hall
on MSUs campus due to violence implicitly or explicitly threatened by Antifa and not by Plaintiff,
Spencer, NPI, or anyone else who Plaintiff would invite to speak at Plaintiffs planned event
constitutes unconstitutional content discrimination in the form of a hecklers veto. See Bible
24. Defendant has no justifiable reason to believe that Plaintiff, Spencer, NPI, or anyone else
who Plaintiff would invite to speak at Plaintiffs planned event will in fact engage in and/or
25. The instant controversy is virtually identical to Padgett v. Auburn University, Case No.
3:17-cv-00231-WKW-WC, at the United States District Court for the Middle District of Alabama.
In said case, the same plaintiff as the one of the instant civil action sued a public university for
prohibiting Plaintiff from hosting Spencer as a speaker in a rented conference room or lecture hall
to talk about Alt-Right philosophy. The defendants in that case alleged that Spencers appearance
on the campus of the public university would cause lawless action. Chief Judge W. Keith Watkins
awarded Plaintiff a preliminary injunction so that Spencer could speak in a rented roomthe
defendants were court-ordered to not only protect Spencer and Spencers supporters from Antifa
via the universitys police department, but to de-mask Antifa protesters to dissuade violence,
Spencer peacefully spoke on campus without advocating criminal misconduct, and Plaintiff and
7
the defendants settled the controversy for twenty-nine-thousand-dollars ($29,000.00). (Exhibit A
Padgett v. Auburn University Opinion). Just like Auburn University, the MSU defendant of the
instant civil action must permit Plaintiff to rent a publicly available conference room or lecture
hall for Plaintiffs planned event on MSUs campus if the First and Fourteenth Amendments to the
26. To date, Plaintiff has arranged for Spencer to speak at Auburn University and the
University of Florida. At these events, Plaintiff and Alt-Right and identitarian activists invited by
Plaintiff to participate spoke about their Alt-Right and identitarian philosophies. For example, at
Auburn University, Spencer, Attorney Sam Dickson, and Michael Enoch Peinovich
(Peinovich) of The Right Stuff spoke, and at the University of Florida Peinovich, Elliott Eli
27. Spencers December 2016 event at Texas A&M Universitywhich was organized by
28. Spencers April 2011 event at Providence Collegewhich was organized by someone
with a megaphone and briefly disrupting the event, the event otherwise proceeded without
disruption.
29. Plaintiffs April 2017 event at Auburn University can be viewed on YouTube at
8
30. Plaintiffs October 2017 event at the University of Florida can be viewed on YouTube at
left-of-center protesters repetitively chanting and yelling throughout the event and the police
officers at the event unconstitutionally refusing to maintain order so that the protesters could drown
31. Plaintiff is currently attempting to schedule an event similar to the proposed MSU event at
the University of Cincinnatiwhich has agreed to permit Plaintiff to schedule the event to occur
on their campus. The University of Cincinnati has even launched a website to inform the public
<http://www.uc.edu/freespeech.html>.
32. Plaintiff desires to host Plaintiffs proposed event at MSU so as to educate the students of
MSU and Michiganders in general about Alt-Right and identitarian philosophy. Plaintiff wants
Plaintiff, Spencer, and Plaintiffs other invited speakers to be able to safely and meaningfully share
with attendees of the event their political philosophiesand for people who are opposed to the
speakers ideas to have a meaningful opportunity to respectfully challenge the speakers during a
question and answer session following the speakers presentations. The best way by which
Plaintiff can share Plaintiffs philosophy with MSU students is by Plaintiff having Plaintiffs
33. Plaintiff is willing, able, and eager to consider reasonable suggestions made by Defendant
as to an alternative time, manner, and place for Plaintiffs planned event to occur on MSUs
campus instead of Plaintiffs original requested time, manner, and place, but Defendant has refused
to permit Plaintiffs proposed event to occur at any time, in and manner, and at any place on MSUs
campus.
9
34. MSU has a history of permitting politically very left-wing people and race-based
organizations advocating for racial interests other than the White race to speak on campus; to wit:
activist3, Bernadine Dohrn and Bill Ayers4who are left-wing activists who were previously
on the FBIs Most Wanted list for purported acts of terrorist bombings they committed against
federal targets as part of the Weathermen Underground network5, and Marxist dictator Robert
Mugabe (Mugabe) of Zimbabweto whom MSU awarded an honorary degree in law before
revoking it in 2008 after MSU decided Mugabes repeated human rights violations warranted said
revocation.6 On November 5, 2017, MSU even had its 45th annual Black Power Rally on its
campus.7 Defendant selectively choosing which viewpoints may be spoken on MSUs campus by
permitting politically left-of-center events to publicly occur but prohibiting Plaintiffs Alt-Right
Education Association v. Perry Local Educators Association, 460 U.S. 37, 57-67 (1983)
35. Plaintiff is entitled to an award of punitive damages against Defendant because Defendant
caused harm to Plaintiff that was malicious, oppressive, and/or in reckless disregard of Plaintiffs
rights.
1
http://statenews.com/article/2005/12/midday_update_affirmative_action_debate_heats_up_on_campus
2
https://www.aclu.org/news/fbi-document-labels-michigan-affirmative-action-and-peace-groups-
terrorists
3
http://statenews.com/article/2006/02/controversial_anarchist_to_speak_at_msu
4
https://www.youtube.com/watch?v=xxZi3WfJWKA
5
http://www.nytimes.com/2008/10/04/us/politics/04ayers.html
6
http://diverseeducation.com/article/11685/
7
http://statenews.com/article/2017/11/black-power-rally
10
36. Defendant does not enjoy qualified immunity for Defendants tortious conduct against
Plaintiff, because the right of a citizen of the United States of America to speak about controversial
political subject matter over the objection of people in opposition to the same who threaten to
disrupt it is clearly established constitutional law. See Bible Believers, supra; Smith v. Ross, 482
F.2d 33, 37 (6th Cir. 1973) ([S]tate officials are not entitled to rely on community hostility as an
excuse not to protect, by inaction or affirmative conduct, the exercise of fundamental rights.);
Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) (holding that
the First Amendment applies to public schools); Widmar v. Vincent, 454 U.S. 263 (1981) (holding
that when a public university opens its facilities to the public for use, the university creates a forum
subject to the First Amendment); Rosenberger v. University of Virginia, 515 U.S. 819 (1995)
(holding that a public university may not discriminate against a point of view in a limited public
forum such a university creates); Lambs Chapel v. Center Moriches Union Free School District,
508 U.S. 384 (1993) (holding that a public school which opens its facilities to the public creates a
limited public forum and as such, the school cannot engage in viewpoint discrimination); McCauley
v. University of the Virgin Islands, 618 F.3d 232 (3rd Cir. 2010) (providing an excellent summary of the
clear differences between high schools and colleges and the important rationales underlying the different
speech rights afforded to people at each); First Amendment to the United States Constitution;
Fourteenth Amendment to the United States Constitution; see also Guide to Free Speech on
<https://dfkpq46c1l9o7.cloudfront.net/wp-content/uploads/2014/02/FIRE-Guide-to-Free-Speech-on-
Campus-2nd-ed.pdf>. 2012.
37. Irrespective of whether or not Defendant enjoys qualified immunity, [q]ualified immunity
only shields government officials from monetary damages, not from injunctive relief[.] Ward v.
Polite, 667 F.3d 727, 742 (6th Cir. 2012) (citations omitted).
11
V. CAUSES OF ACTION
COUNT I
DEFENDANT VIOLATED PLAINTIFFS
FIRST AND FOURTEENTH AMENDMENT RIGHT TO FREE SPEECH
42 U.S.C. 1983
38. The foregoing paragraphs of this Complaint are incorporated by reference as if each is fully
39. Plaintiff is guaranteed the right to free speech pursuant to the First and Fourteenth
40. Defendant violated Plaintiffs right to free speech by prohibiting Plaintiff from renting a
publicly available room to host speakersincluding Plaintiffto share with attendees of the
41. Defendants decision to prohibit Plaintiff from renting a publicly available room to host
speakersincluding Plaintiffto share with attendees of the planned event their Alt-Right and
42. Defendants decision to prohibit Plaintiff from renting a publicly available room to host
speakersincluding Plaintiffto share with attendees of the planned event their Alt-Right and
identitarian philosophies due to the threat of violence that Antifa protesters pose constitutes
unconstitutional content discrimination in the form of a hecklers veto. See Bible Believers, supra.
43. Defendants decision to prohibit Plaintiff from renting a publicly available room to host
speakersincluding Plaintiffto share with attendees of the planned event their Alt-Right and
identitarian philosophies due to the uncertain and non-imminent threat of violence constitutes an
unconstitutional prior restraint on speech. See Near v. Minnesota, 283 U.S. 697 (1931); New York
12
44. Defendant acted under the color of state law when Defendant prohibited Plaintiff from
renting a publicly available room to host speakersincluding Plaintiffto share with attendees
45. Due directly and proximately to Defendant having violated Plaintiffs right to free speech,
WHEREFORE, Plaintiff prays that this Honorable Court will enter judgment in Plaintiffs
favor against Defendant by awarding Plaintiff: (1) a money judgment against Defendantin
general and punitive damages; (2) the reasonable attorneys fees and costs incurred by Plaintiff to
prosecute the instant civil action pursuant to 42 U.S.C. 1988(b); and (3) any and all further relief
COUNT II
DECLARATORY AND INJUNCTIVE RELIEF
46. The foregoing paragraphs of this Complaint are incorporated by reference as if each is fully
47. The Court can and should decree that Defendant violated Plaintiffs right to free speech by
prohibiting Plaintiff from renting a publicly available room on the campus of MSU to host
speakersincluding Plaintiffto share with attendees of the planned event their Alt-Right and
48. This Court can and should issue preliminary and permanent injunctions against Defendant
whereby Defendant is ordered to permit Plaintiff to rent a publicly available room on the campus
of MSU for a fee to host speakersincluding Plaintiffto share with attendees of the planned
event their Alt-Right and identitarian philosophies without Plaintiff paying for police protection
or posting bond or providing insurance for the event and which requires MSU to maintain law and
13
order via the use of law enforcement officers of its police department so as to protect the right of
the attendees of the event to safely speak in a meaningful manner. See Fed. R. Civ. P. 65; Bible
Believers, supra; Forsyth County v. Nationalist Movement, 505 U.S. 123 (1992) (holding that a
price-tag cannot be attached to the right to free speech by making controversial speakers pay for
police protection due to the threatened violence of their adversaries); Ohio Republican Party v.
Brunner, 543 F.3d 357, 361 (6th Cir. 2008) (describing elements for injunctive relief to be
awarded); Solid Rock Foundation v. Ohio State University, 478 F.Supp. 96 (S.D. Ohio 1979)
(using 6th Circuit and Supreme Court case law to decide whether a preliminary injunction should
49. Plaintiff has a likelihood of success on the merits of Plaintiffs claim that Defendant
50. Plaintiff will suffer irreparable harm in the form of Plaintiffs right to free speech being
denied to him should the Court not grant Plaintiff injunctive relief. See Connection Distrib. Co.
v. Reno, 154 F.3d 281, 288 (6th Cir. 1998) (recognizing that the loss of First Amendment rights,
for even a minimal period of time, constitutes irreparable harm); Elrod v. Burns, 427 U.S. 347,
373 (1976) (The loss of First Amendment freedoms, for even minimal periods of time,
51. The issuance of an injunction to permit Plaintiff to rent a publicly available room on the
campus of MSU for a fee to host speakersincluding Plaintiffto share with attendees of the
planned event their Alt-Right and identitarian philosophies without Plaintiff paying for police
protection or posting bond or providing insurance for the event and which requires MSU to
maintain law and order via the use of law enforcement officers of its police department so as to
protect the right of the attendees of the event to safely speak in a meaningful manner will not cause
14
Defendant to suffer substantial harm because Defendant is required by constitutional law to do the
same anyways.
52. The issuance of an injunction to permit Plaintiff to rent a publicly available room on the
campus of MSU for a fee to host speakersincluding Plaintiffwithout Plaintiff paying for police
protection or posting bond or providing insurance for the event and which requires MSU to
maintain law and order via the use of law enforcement officers of its police department so as to
protect the right of the attendees of the event to safely speak in a meaningful manner will serve the
public interest because it is in the publics interest for the First and Fourteenth Amendments to the
WHEREFORE, Plaintiff prays that this Honorable Court will award Plaintiff declaratory
relief by decreeing that Defendant violated Plaintiffs right to free speech and will award Plaintiff
preliminary and permanent injunctive relief whereby Defendant is ordered to permit Plaintiff to
rent a publicly room on the campus of MSU for a fee to host speakers to share with attendees of
the planned event their Alt-Right and identitarian philosophies without Plaintiff paying for police
protection or posting bond or providing insurance for the event and which requires MSU to
maintain law and order via the use of law enforcement officers of its police department so as to
protect the right of the attendees of the event to safely speak in a meaningful manner.
Pursuant to Fed. R. Civ. P. 38, Plaintiff hereby respectfully demands a trial by jury as to
15
Respectfully submitted,
16
EXHIBIT A
Padgett v. Auburn University Opinion
Case 3:17-cv-00231-WKW-WC Document 9 Filed 04/18/17 Page 1 of 5
CAMERON PADGETT )
)
Plaintiff, )
)
v. ) CASE NO. 3:17-CV-231-WKW
) (WO)
AUBURN UNIVERSITY, )
JAY GEORGE, in his official and )
individual capacity as President of )
Auburn University, )
CHANCE CORBETT, in his official )
and individual capacity as Director of )
Auburn University Public Safety )
Department, and )
ANDREA CONTI-ELIKINS, in her )
official and individual capacity as )
Supervisor of Student Center )
Reservations and James E. Foy )
Information Desk, Division of Student )
Affairs, )
)
Defendants. )
PRELIMINARY INJUNCTION
Before the court is Plaintiffs motion for temporary restraining order, which
is construed as a motion for preliminary injunction. (Doc. # 2.) This is a civil rights
action brought pursuant to 42 U.S.C. 1983. Plaintiff alleges that he had a contract
with Auburn University to rent a room for the purpose of allowing Richard Spencer
to speak at 7:00 p.m. on April 18, 2017 (todays date). On April 14, 2017,
Defendants, on behalf of Auburn University, cancelled the event. (Doc. # 1-3.) The
Case 3:17-cv-00231-WKW-WC Document 9 Filed 04/18/17 Page 2 of 5
court takes judicial notice that Richard Spencer is a white nationalist member of the
far right who subscribes to what he describes as identitarian politics. While Mr.
Spencers beliefs and message are controversial, Auburn presented no evidence that
Mr. Spencer advocates violence. Upon consideration of the motion and the evidence
presented at the April 18, 2017 hearing on the motion, the court concludes that the
[A]ll fundamental rights comprised within the term liberty are protected
by the federal Constitution from invasion by the states. The right of
free speech, the right to teach and the right of assembly are, of course,
fundamental rights. These may not be denied or abridged. But,
although the rights of free speech and assembly are fundamental, they
are not in their nature absolute.
Whitney v. California, 274 U.S. 357, 373 (1927) (Brandeis, J., concurring) (internal
citations omitted), overruled on other grounds, Brandenburg v. Ohio, 395 U.S. 444
(1969). [T]he constitutional guarantees of free speech and free press do not permit
a State to forbid or proscribe advocacy of the use of force or of law violation except
and is likely to incite or produce such action. Brandenburg, 395 U.S. at 447.
Auburn did not produce evidence that Mr. Spencers speech is likely to incite or
The court finds that Auburn University cancelled the speech based on its belief
that listeners and protest groups opposed to Mr. Spencers ideology would react to
2
Case 3:17-cv-00231-WKW-WC Document 9 Filed 04/18/17 Page 3 of 5
the content of his speech by engaging in protests that could cause violence or
be tolerated under the First Amendment, and [l]isteners reaction to speech is not
505 U.S. 123, 13435 (1992). Moreover, counsel for Auburn represented that
Auburn University and local police, having been made aware of the risks many
weeks ago, are prepared to provide security in the event that this injunction issued.
Mr. Spencer has provided $2 million in insurance and has paid for the extra security
violation of its contract with Plaintiff and four days before the event, was not
narrowly tailored to protect the right to free speech while still addressing its own
security concerns.
(1) a substantial likelihood of success on the merits; (2) that, if the relief is not
granted, he will suffer irreparable injury in the form of deprivation of his right to
freedom of speech and freedom of association, see Elrod v. Burns, 427 U.S. 347,
373 (1976) (The loss of First Amendment freedoms, for even minimal periods of
time, unquestionably constitutes irreparable injury.); (3) that the threatened injury
outweighs the harm the relief would inflict on Defendants; and (4) that entry of the
3
Case 3:17-cv-00231-WKW-WC Document 9 Filed 04/18/17 Page 4 of 5
relief would serve the public interest. See Schiavo ex rel. Schindler v. Schiavo, 403
is GRANTED as follows:
preventing listeners from attending the speech by Mr. Spencer on April 18, 2017.
2. The contract (Doc. # 1-1) for the room in which Mr. Spencer was
ensure compliance with Alabamas anti-mask law, Ala. Code 1975 13A-11-
9(a)(4), and the rights guaranteed by the United States Constitution, law enforcement
all necessary and appropriate steps, within their available resources, to provide
security for Mr. Spencer, event attendees, peaceful protestors, and all other persons
on the Auburn University campus on April 18, 2017. Security personnel may not
cut off the free speech of Mr. Spencer or other persons except as a last resort to
1 The uncontradicted evidence presented at the hearing establishes that a group called
Anti-fa, known for donning masks and engaging in violent protests, intends to engage in non-
peaceful protest at Mr. Spencers speech at Auburn.
4
Case 3:17-cv-00231-WKW-WC Document 9 Filed 04/18/17 Page 5 of 5
ensure security or to prevent violence or property damage, and only after first
making bona fide efforts to protect the speaker from . . . hostility by other, less
restrictive means. Bible Believers v. Wayne Cty., Mich., 805 F.3d 228, 255 (6th
Cir. 2015).
payment of fees for the provision of security, and Defendants representation that
6. At or before 6:30 p.m. on April 18, 2017, Mr. Spencer shall tender to