Bauer
Bauer v. Sampson
Opinion
Concurrence in Part
Gould, J.
I concur in sections II.A, II.B, and III of the majority’s analysis.
I respectfully dissent from section I because, in my view, Administrative Regulation 4000.3(l)(b) is not facially unconstitutional. I agree that, standing alone, the prohibition on expression with “violent behavior overtories” is unconstitutionally overbroad. However, this prohibition cannot sustain an overbreadth challenge because it does not reach a “substantial amount of constitutionally protected conduct.” See Vill. of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 494-95 , 102 S.Ct. 1186 , 71 L.Ed.2d 362 (1982).
I also respectfully dissent from section II.C and decline to walk in the path of error taken by the majority. These are hard cases because of the great weight and respect that properly must be given the dictates of the First Amendment. Nevertheless, the United States Supreme Court has pointed to some limits in the context of employment. See Pickering v. Bd. of Educ., 391 U.S. 563 , 88 S.Ct. 1731 , 20 L.Ed.2d 811 (1968).
As I see it, the evidence that Sampson submitted in opposition to Bauer’s motion for summary judgment raised genuine issues of material fact concerning the ways…
Lead Opinion
Hawkins, J.
Cedric Sampson, Chancellor of the South Orange County Community College District (“SOCCCD” or “the District”), appeals a grant of summary judgment in favor of Roy Bauer, a tenured professor of ethics and political philosophy, in Bauer’s 42 U.S.C. § 1983 case. Sampson contends that: (1) the District’s policy against workplace violence is facially constitutional; (2) the District’s policy against workplace violence is constitutional as applied to Bauer; (3) the District’s policy against racial discrimination or harassment is constitutional as applied to Bauer; and (4) Bauer is not entitled, to attorney’s fees, neither as awarded nor at all.
FACTS AND PROCEDURAL HISTORY
Bauer is a tenured professor of ethics and political philosophy at Irvine Valley College (“IVC”), one of two campuses comprising the District, which is located in Orange County, California. As the District’s Chancellor, Sampson oversees IVC and its sister school, Saddleback College. Sampson, upset at writings and illustrations prepared and circulated by Bauer, sought to discipline him, order him not to make such writings or illustrations in the future, and force him to undergo counseling.