Wiping Out Political CSUN Web Site Ruled Justified

Cal State Northridge was justified in erasing a political Web site from its university server in 1996, according to a state appellate court ruling.

An injunction was granted in January 1997 that prevented CSUN from using its Internet policy to ban political views. But later that month, a trial court judge issued a summary judgment in CSUN’s favor.

Last week, the California 2nd District Court of Appeal affirmed that summary judgment.

The case involves Christopher Landers, who was a CSUN student when he set up a Web site on the university server endorsing John Birke. Birke was a Democratic state Senate candidate running against incumbent Sen. Cathie Wright (R--Simi Valley).

The Web site criticized Wright’s political positions and her alleged connections to the tobacco industry. The site also featured a picture of Wright’s face, which turned into a skull.

Wright complained to CSUN administrators, who then deleted the Web site without Landers’ consent. After the university was sued by Landers, officials drafted a new server policy: “Use of computers, networks and computing facilities for academic purposes is a privilege of students. Use of computers, networks and computing facilities for activities other than academic purposes or university business is not permitted.”

Birke, Landers’ attorney, said the policy is unconstitutional, because it bars free speech in a public forum.

CSUN attorneys have argued that the university’s computers cannot be used for partisan politics, citing a state Supreme Court ruling that “the government may not ‘take sides’ in an election contest.”

They also argued that Landers has no grounds to sue CSUN, because the university changed the policy with which he disagreed.

CSUN officials were unavailable for comment Saturday.

“This is a case that involves constitutional rights, the right to free expression, the type that lies at the core of the 1st Amendment,” Birke said.

The appellate court also rejected Landers’ bid for $70,000 in attorneys’ fees.

Lawyers for Landers said Saturday they will ask the California Supreme Court, and the U.S. Supreme Court, if necessary, to review the case.