While debate swirls among liberal groups over U.S. Supreme Court
nominee Samuel Alito’s avowedly conservative views on such
controversial issues as abortion rights, considerably less
attention has been paid to his prior rulings on issues relevant to
universities and university students.
As an appeals court judge, Alito has consistently ruled in favor
of campus free speech, sometimes at the expense of policies
designed to protect people from harassment and discrimination.
In 2004, Alito wrote the unanimous opinion for the Third Circuit
Court of Appeals overturning a Pennsylvania law prohibiting student
newspapers from being paid for alcohol advertisements. Alito said
the law violated the First Amendment rights of the University of
Pittsburgh’s student newspaper, The Pitt News.
In 2001, Alito also wrote the unanimous opinion striking down
the anti-harassment policy of the State College Area School
District of Pennsylvania in favor of students’ First
Amendment rights. The three-judge panel ruled that the policy,
which prohibited certain types of denigrating or belittling speech,
was “unconstitutionally overbroad.”
The ruling affirmed that speech, even if it is potentially
offensive, remains protected by the First Amendment.
Even though the 2001 case concerned high school students, the
ruling could impact colleges as well. Eugene Volokh, a professor in
the UCLA School of Law and an expert on First Amendment rights,
said the ruling was significant for universities because “on
college campuses, speech is even more protected than in high
schools.”
Alito’s appeals court rulings have shown a consistent
track record of support for free speech.
“It’s impossible to tell for sure how a justice will
vote in the Supreme Court based on how they vote in lower
courts,” Volokh said. But it appears Alito “has a
pretty broad view of free speech,” he said.
Senate confirmation hearings for Alito may not be completed
until early 2006, but Democrats have signaled that the
nominee’s politically conservative views may trigger a
contentious fight between the parties when the judge’s
hearing begins.
Alito, chosen by President Bush on Monday to replace retiring
Justice Sandra Day O’Connor, has a long history of judicial
experience. Bush first picked Harriet Miers to replace
O’Connor, but Miers withdrew her name last week amid
criticism from both parties that she was unqualified for the job.
Bush emphasized Alito’s judicial experience when he
introduced the judge earlier this week.
Grant Nelson, a UCLA law professor, said Alito will likely be
approved easily because he is highly qualified. He said Democrats
would not be able to sustain a filibuster.
“(Senate Democrats) are going to think twice about
filibustering a person of this quality. They’re going to have
a very difficult time sustaining a filibuster,” Nelson
said.
If Alito is confirmed, his views on free speech could impact the
Court’s future rulings on First Amendment rights.
“He’s going to tip the balance in favor of free
speech against other governmental policies dealing with
harassment” and related issues, Nelson said.