(The Center Square) – A federal judge ordered the reinstatement of a former Ohio State University student expelled for posting social media videos criticizing Israel’s military actions in Gaza.
The university first suspended Guy Christensen, an undergraduate student and social media influencer, in May after he posted pro-Palestinian videos, according to the federal court ruling.
Christensen sued in September, claiming Ohio State violated his First Amendment free speech rights and 14th amendment right to due process.
In a letter, the university told Christensen he was suspended “temporarily and immediately, from university premises and property as well from participation in all university activities, whether on or off campus property,” according to the court ruling.
The student’s presence on campus presence poses a “significant risk of substantial harm to
the safety or security of yourself, others, or to property,” the letter stated.
A second letter told Christenson that he was disenrolled from the university.
In a ruling Wednesday, a federal judge sided with Christensen.
“The subject matter of and content discussed in Mr. Christensen’s videos are polarizing,” the judge said in his ruling. “Yet, the Court emphasizes at the outset that the First Amendment to the United States Constitution ‘applies to loathsome and unpopular speech with the same force as it does to speech that is celebrated and widely accepted.’”
The university maintained Christensen’s speech was not protected because it constitutes “incitement” and could cause disruption on campus.
The judge ruled, however, that “there is no evidence that violence or lawlessness occurred as a result of Mr. Christensen’s speech.”
The student also has “a strong likelihood” of success on Christensen’s Fourteenth Amendment claims, the judge held.
“The Court orders Defendants to expunge any mention of involuntary disenrollment from Mr. Christensen’s academic transcript at OSU,” the judge said.
The American Civil Liberties Union of Ohio praised Wednesday’s ruling.
“We applaud the court’s ruling not only for its vindication of a student’s right to free expression, but also as a critical reminder to our institutions of higher education,” David Carey, the organization’s Managing Legal Director, said in a statement “Universities must and should stand against efforts to silence or punish dissenting ideas, not facilitate those efforts at the expense of their students.”
Ohio State Assistant Vice President Benjamin Johnson told TCS the school was disappointed in the ruling.
