Crosby

Crosby v. South Orange County Community College District

Good Law
172 Cal. App. 4th 433·2009 Cal. App. LEXIS 384·91 Cal. Rptr. 3d 161
Court of Appeal of CaliforniaFebruary 18, 2009G040033California3,490 words

Opinion

Opinion

Aronson, J.

Administrators at Saddleback College placed a temporary hold on plaintiff Patrick Crosby’s student records pending an interview with an administration official regarding two incidents that occurred in Saddleback College’s library. In the first incident, campus police detained plaintiff for viewing MySpace member profiles on a library computer. The second involved an argument between plaintiff and a librarian concerning the latter’s request to turn down the volume of music plaintiff was listening to while wearing headphones. Although administrators released the hold on plaintiff’s records after he met with them, plaintiff sued defendant South Orange County Community College District (District). He alleged its policy restricting a student’s use of the school’s Internet system to “appropriate academic, professional and institutional purposes” violated Education Code section 66301, which prohibits a state college from disciplining a student for on-campus conduct that the First Amendment free speech clause would protect if the conduct occurred off campus. The trial court granted summary adjudication for the student, holding that the District’s Internet use policy was overbroad…

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