CTA to Senate
The following letter was written by CTA attorney, James G. Bertoli to the Mendocino College academic senate:
June 25, 1998
Dear Ms. Myers:
Enclosed for your reference is a copy of a letter that has been forwarded to the Mendocino-Lake Community College District regarding certain unlawful disciplinary action that has been taken against my client, King Collins, regarding statements that he made at a recent Academic Awards Ceremony. It is my understanding that the Academic Senate of the Mendocino-Lake Community College District is contemplating some form of reprimand of Mr. Collins independent of the managerial staff of the District. Additionally, I have also been made aware that the Academic Senate is contemplating endorsing a policy that would severely restrict the content of any future presentations made at the Academic Awards Ceremony.
This letter is to advise you that as the Academic Senate is a quasi-governmental body, the violations that have been pointed out to the District regarding impairment of Mr. Collins' free speech rights apply equally to any such action contemplated by the Academic Senate and would be met with similar response by Mr. Collins to see that those rights are held inviolate.
Second, while a policy can place reasonable time, place, and manner restrictions on speech, I would strongly urge the Senate to assure that comments such as those made by Mr. Collins are not suppressed given that, despite the Senate's consternation over the message, those comments were relevant to the presentation of the award by the Association. Attempting to pre-edit, or circumscribe, congratulatory comments at an award ceremony is analogous to putting limits on the content of a graduation or commencement speech, something I am sure the Senate does not endorse, especially when the comments are inserted to provide meaninaful contextual relevance to the award. Moreover, if this proposed policy is geared towards silencing a particular message, such a policy would clearly be unlawful.
I trust that further concern on the part of Mr. Collins regarding such censure may be put at rest now that I have pointed out that he was acting within his legal rights and that action against the Academic Senate will be unnecessary.
Very truly yours
James Bertoli
Copyright MPFA 1998
Permission granted to excerpt or use this article if source is cited
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