Free speech and open debate are fundamental to higher education, and students shouldn’t have to sacrifice those rights when they step onto a college campus.
Case Details
Case Status
Pending Case
Location
California
Date Filed
June 18, 2026
On June 18, 2026, Defending Education (DE) sued the Regents of the University of California and other university officials. DE argues the university’s policy violates students’ rights under the First and Fourteenth Amendments, and it brought the case under 42 U.S.C. § 1983, a federal law that lets people sue government officials who violate their constitutional rights.
The Supreme Court has long held that “no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion.” Government can’t ban speech just because some people find it “offensive,” and it can’t force people to speak on issues of deep public concern, such as “sexual orientation and gender identity.” These protections are especially strong at colleges and universities.
According to the lawsuit:
- The policy goes beyond what the Supreme Court allows. UC’s “Sexual Violence and Sexual Harassment” (SVSH) Policy punishes “unwelcome … sex-based conduct” that is “offensive” and “sufficiently severe, persistent or pervasive” that it interferes with someone’s education. This is broader than the standard the Supreme Court set in Davis v. Monroe County Board of Education, which was written to avoid conflict with the First Amendment.
- The policy covers speech, not just conduct. UC says the policy covers verbal “intimidatio[n] or hostility” based on gender, gender identity, or sexual orientation, including “offensive terms” and “jokes.” Students who share dissenting views on transgender issues, such as the belief that someone should “use a particular bathroom that does not correspond to their gender identity,” can be punished.
- The policy bans “misgendering” and “dead naming.” FAQ #14 of the policy bans the “intentional or repeated use of a name or pronoun inconsistent with [an] individual’s gender identity” and calling someone by the name they were given at birth but no longer use.
DE has members at UC schools who hold back their protected speech because of the policy. DE asks the court to declare the harassment provision and FAQ #14 unconstitutional and to stop UC from enforcing them.
Read the complaint below: