Legal Question in Education Law in California

I began a "Cal State San Marcos Confessions" page on facebook and Cal State San Marcos contacted me saying that my using their name in my page was illegal and referred me to (California Education Code Section 89005.5.). After reading this I understand that what I did was illegal and am wondering if I start a page that has no mention of csusm or any other cal state if that would be legal? Also section (b) states:"(b) However, nothing in this section shall interfere with any person who makes, or restrict the right of any person to make, a true and accurate statement of his or her present or former relationship or connection with, his or her employment by, or his or her enrollment in, the California State University in the course of stating his or her experience or qualifications for any academic, governmental, business, or professional credit or enrollment, or in connection with any academic, governmental, professional, or other employment whatsoever." So I'm wondering if the anonymous confessions that are posted mentioning csusm are also illegal if they are stating their experiences at the university?


Asked on 2/21/14, 4:58 pm

1 Answer from Attorneys
Andrew Harrell W. Andrew Harrell, Attorney at Law

Please contact me with further details. From what you have said and my reading of the code, I fail to understand why CSU thinks this is illegal. The purpose of that section is to prevent a commercial use of their name or to use the name in the context of endorsing political action, etc. Under the First Amendment, you are certainly entitled to express you opinions about the place, experiences. In fact, it is in the public's interest that wide latitude be given to your comments and opinions and experiences with respect to publically supported institutions. You can parody CSU, ridicule them, etc. Having said this, I would need to see exactly what you have done and what you plan to do. In my experience, CSU, like many public institutions, can be bullies.

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Answered on 2/21/14, 5:22 pm


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