Free speech advocacy group sues U of South Carolina, claims First Amendment violation after controversial Harris roast

Alexa Jurado, The State (Columbia, S.C.) on Oct 1, 2024

By clicking submit, I authorize Arcamax and its affiliates to: (1) use, sell, and share my information for marketing purposes, including cross-context behavioral advertising, as described in our Privacy Policy , (2) add to information that I provide with other information like interests inferred from web page views, or data lawfully obtained from data brokers, such as past purchase or location data, or publicly available data, (3) contact me or enable others to contact me by email or other means with offers for different types of goods and services, and (4) retain my information while I am engaging with marketing messages that I receive and for a reasonable amount of time thereafter. I understand I can opt out at any time through an email that I receive, or by clicking here

COLUMBIA, S.C. — Following a highly criticized “roast” of Vice President Kamala Harris at the University of South Carolina in September, the student group responsible for the event is suing the university, alleging free speech violations.

USC’s chapter of Uncensored America, an organization that says it fights for free speech, invited two far-right personalities with a history of hateful public rhetoric to the university’s Columbia campus: Gavin McInnes and Milo Yiannopoulos. The event was widely condemned by university, state government and civic leaders when plans became public in August.

McInnes, a writer and talk show host, is a founder of the Proud Boys, which the Southern Poverty Law Center has labeled a hate group. He resigned from the group in 2018, Reuters reported, but remains deeply involved. Yiannopoulos, a right-wing media personality once nicknamed the “pop star of hate,” is known for his misogynistic, racist, xenophobic and transphobic views.

A lawsuit, filed in federal court on Monday, claims USC violated the First Amendment when the student group did not receive requested funding for the event because student representatives disagreed with the viewpoints of the speakers. The lawsuit alleges that it was also a violation of school policy, which says that organizations “cannot be discriminated against or given preferential treatment” based on their viewpoints.

The group claims that USC’s student government has “repeatedly” granted money to other “far left” campus groups like Students for Justice in Palestine, the College Democrats of America and the Feminist Collective’s National Young Feminist Leadership Conference.

“The voices that oppose free speech and demand censorship of certain viewpoints grew so loud that it became a statewide controversy and eventually reached the attention of the White House,” the lawsuit reads.

The lawsuit said the denial of funding was meant to prevent the Uncensored America event from happening.

USC’s student Senate initially voted to deny Uncensored America some $3,500 in funding for the event, USC’s student newspaper reported, though the Senate did approve a proposal to increase campus safety during the event. Soon after, Uncensored America announced its plans to sue.

The student Senate later reconsidered, and eventually awarded the group the money it requested, according to USC spokesman Jeff Stensland.

Stensland declined to comment on the pending litigation.

The lawsuit seeks unspecified actual and punitive damages as well as attorneys’ fees. It was filed by attorney Thomas Winslow of Pawleys Island.

The Sept. 18 roast, attended by about 180 students and community members, did not encounter any issues or violence, though it drew about 30 protesters outside Russell House, USC’s student union.

“We don’t think hate speech has any place on this campus,” Houston Hackett, a protester and sophomore at USC, told The State in September.

The protests followed weeks of criticism leading up to the event.

Courtney McClain, a USC alumna and campus activist, created a petition calling for the event’s cancellation. More than 27,000 people signed it.

Days later, USC leaders released a statement condemning the “the vile and juvenile rhetoric” used to promote the event. But they also explained that as a public institution, the university is required to allow the event, citing students’ freedom of speech and open dialogue. The event was not endorsed by USC, however.

“We remain steadfast in safeguarding the First Amendment rights of our students, even when we may be offended by their choices and statements,” USC President Michael Amiridis and university board chair Thad Westbrook wrote. “Censoring even the most hateful individuals and groups does not solve the problems we face in our society, and instead provides them with a platform to win more publicity and support.”

The NAACP wrote to Amiridis, arguing the event violated university policy, and the promotional materials violated South Carolina’s laws against obscenity. More than 20 multicultural student groups at the university also signed a statement spurning the roast.

State Rep. Leon Howard and state Sen. Tameika Isaac Devine, both Richland County Democrats; attorney and former state Rep. Bakari Sellers, and the South Carolina Legislative Black Caucus, among others, were very vocal in their disdain. They criticized the university for providing a platform for potential hatred and violence and called on the university to cancel or reconsider the event.

_________