Legal Question in Civil Rights Law in Iowa
I am a student at a community college and I feel my First Amendment right of Freedom of Speech is being violated by not only the college in their ambiguous and overly broad policy but by an instructor directly. This evening I was openly reprimanded and threatened expulsion by an instructor for using profanity as an expression of pain (I have an injured back, which I was seen for in the ER last night) I feel that as neither the word I used nor the context in which it was used in falls into the category of "unprotected speech"; therefore, as guaranteed by the First Amendment, my speech, although profane, should be protected and I should not be retaliated against or restricted from using such terminology. Upon reviewing the college's policy on Student Conduct, Discipline & Appeals, I feel that the ambiguous and vague langauge used is unconstitutional and I feel as an American citizen, attending a public college, I should be able to use speech expressively as long as I am not using fighting words, falsifying any research findings, plagiarising anything, etc. I feel there is more than sufficient case law to support my claim and I just need to know A) whether I have action against the college or the instructor B) how to approach this matter and finally C) if this is a worthwhile claim to pursue. I hope I have provided sufficient information. Thank you for your time and responses.
1 Answer from Attorneys
You probably violated college policy.
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