TRI In The News

Student Sues Rock Valley College Over First Amendment

From Rockford Register Star

Original article available here

ROCKFORD — Finals week is months away, but Dominic Celletti is already mired in what could be the toughest test of his college career.

The 21-year-old Rock Valley College criminal justice student is suing the community college for allegedly infringing his free speech rights.

Two years ago, Celletti wanted to assemble a group of students to talk about civil rights issues. He posted roughly 40 flyers to campus bulletin boards letting anyone who was interested know how to contact him.

Administrators took the posters down and explained to Celletti that he could not post flyers wherever he wanted because he was not affiliated with a college-sanctioned student club or organization. Individuals may only affix flyers on behalf of themselves or non-sanctioned clubs to a “community bulletin board” in the RVC Student Center.

Celletti maintains the college’s poster policy creates two classes of students — sanctioned clubs and groups that are allowed greater freedom of speech than non-sanctioned groups. A school that accepts public funds shouldn’t be allowed to do that, he said.

Celletti sat down with administrators to discuss why he felt the rules are unfair and whether the policy could be changed. He even spoke directly to RVC trustees during a board meeting last year. He filmed his public address and posted it on You Tube.

Seeing no willingness from the college to change the rules, Celletti sought advice from The Rutherford Institute, a civil liberties organization in Charlottesville, Va. He said he spent “countless hours” preparing his civil complaint, which he filed at Rockford’s federal courthouse last month. Celletti made his first court appearance Friday, representing himself before Magistrate Judge Michael P. Mahoney.

College President Jack Becherer declined to comment on the lawsuit. When a Rutherford Institute staff attorney wrote the college last year requesting that RVC not limit Celletti’s speech, Joseph Perkoski, the college’s legal counsel in this matter, explained that the college’s policies are consistent with the First Amendment to the U.S. Constitution.

“The United States Supreme Court has held that the First Amendment permits a public college to create a limited public forum for speech by student organizations and funded from a uniform fee collection from students,” Perkoski wrote.

“If Mr. Celletti would like to post his flyers on the College Events Board, then he may associate with a recognized College organization, or he may follow College procedures for creating a new College organization.” Perkoski wrote.

“Otherwise, acting as an individual, Mr. Celletti is free to post his flyers on the College’s Community Board.”

Win, lose or draw, Celletti said he’s already achieved what he set out to do. His suit asks for Becherer, the board and administrators to pay him a combined $3 should the judge rule in his favor. He also wants to be reimbursed for his court costs and awarded a sum of money, to be determined by the judge, to a nonprofit agency that promotes and/or protects First Amendment values. Finally, Celletti has asked for a public apology from the college, via a public news conference and a written apology published in the newspaper.

“If I lose, I have already won,” Celletti said. “I have already challenged the system.”