ALESSANDRA SOLER EXECUTIVE DIRECTOR ZENAIDO QUINTANA PRESIDENT DANIEL POCHODA LEGAL DIRECTOR dpochoda@acluaz.

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January 27, 2014 Michael M. Crow President Arizona State University P.O. Box 877705 Tempe, AZ 85287-7705 Michael.Crow@asu.edu Jos A. Crdenas Senior V.P. and General Counsel Arizona State University P.O. Box 877405 Tempe, AZ 85287-7405 JCardenas@asu.edu

Re: Students protected freedom of expression Dear President Crow and Mr. Crdenas: The ACLU of Arizona is concerned about Arizona State Universitys next steps with regard to the students involved with the Tau Kappa Epsilon fraternity party on January 19, 2014. We have strongly criticized the offensive, racist theme that TKE members chose for the event they held the day before our federal holiday honoring slain civil rights leader Martin Luther King Jr. In The Arizona Republic I characterized the students prejudiced gathering as a "conscious attempt to degrade an entire race. But the fact that these students choices were ignorant and insensitive does not infer that serious discipline or expulsion would be legal in the absence of interference with school activities or use of school property. It is well established that governmental retaliation based on disagreement with students words or messages is antithetical to the fundamental protections of the First Amendment of the U.S. Constitution.

It is easy for governmental bodies, including public universities, to allow speech and expression that it favors. History demonstrates that coercive governmental powers are primarily aimed at minority and unpopular views. The test of our constitutional protections is whether they will be heeded when faced with distasteful, or even hateful, statements. Courts have long recognized that allowing a so-called hecklers veto on the content of speech wherein the government suppresses speech because of the reaction it elicits, undermines the
AMERICAN CIVIL LIBERTIES UNION OF ARIZONA P.O. BOX 17148 PHOENIX, AZ 85011-0148 P/602-650-1854 F/602-650-1376 WWW.ACLUAZ.ORG

constitutional protection and reduces the ability to express unpopular or anti-government views. ASU should not penalize the students because of negative reactions from the ACLU or others although some form of intervention may be constructive. I am available to discuss this further and can be contacted at 602650-1854 or dpochoda@acluaz.org. Sincerely,

Dan Pochoda Legal Director ACLU of Arizona