San Francisco State University: Students Investigated for Stepping on Flags

The College Republicans at San Francisco State University held an anti-terrorism protest against Hezbollah and Hamas by stomping on homemade replicas of those organizations' flags. Unbeknownst to the students, the flags of the two organizations contain the word "Allah" in Arabic script. Another student complained, alleging "acts of incivility," "intimidation," and the creation of a "hostile environment." The school responded by instituting disciplinary action against the College Republicans. After FIRE intervened, the college ended the investigation and decided not to punish the students involved. However, the incident led to litigation over SFSU's speech codes, which is detailed here.

Case Materials

• "Victory for Free Expression at San Francisco State University," March 20, 2007: In a crucial victory for free expression, San Francisco State University (SFSU) announced yesterday that its College Republicans will face no punishment for hosting an anti-terrorism rally at which participants stepped on makeshift Hezbollah and Hamas flags. SFSU’s decision comes after months of pressure from FIRE, national and local media, and the public—all of which called on the school to uphold the students’ constitutionally guaranteed right to free expression.
• "Letter from SFSU President Robert Corrigan to FIRE, March 19, 2007," March 19, 2007
• "Letter from SFSU President Robert Corrigan to FIRE, March 13, 2007," March 14, 2007
• "Free Speech on Trial Today at San Francisco State University," March 9, 2007: Showing brazen disregard for its students’ clearly established constitutional rights, San Francisco State University (SFSU) is putting the College Republicans on trial today for hosting an anti-terrorism rally at which participants stepped on makeshift Hezbollah and Hamas flags. University officials have alleged that the students desecrated the name of Allah, which is written on both flags in Arabic script. The student group’s leadership contacted FIRE for help when they first learned of the school’s investigation.
• "FIRE Letter to San Francisco State University President Robert A. Corrigan, March 7, 2007," March 7, 2007
• "Letter from the ACLU of Northern California to San Francisco State University President Robert Corrigan, March 7, 2007," March 7, 2007
• "San Francisco State University Investigates Students for Anti-Terrorism Protest," February 8, 2007: In a profound display of disrespect for free speech, San Francisco State University (SFSU) is investigating its College Republicans for hosting an anti-terrorism rally on campus in which participants stepped on makeshift Hezbollah and Hamas flags. After students filed a complaint claiming they were offended because the flags bore the word “Allah,” SFSU initiated an investigation into accusations of incitement, creation of a hostile environment, and incivility. Members of the College Republicans then contacted FIRE for assistance.
• "Letter from University Counsel Patricia Bartscher to FIRE, January 29, 2007," January 29, 2007
• "FIRE Letter to San Francisco State University President Robert A. Corrigan, January 23, 2007," January 23, 2007
• "E-Mail from OSPLD Director Joey Greenwell to College Republicans," December 1, 2006

Blog Entries

• "This Month in FIRE History: San Francisco State University Investigates Students for Anti-Terrorism Protest," by Bridget Glackin, February 17, 2012
• "Anti-Hamas Rally Stirs Controversy, Calls for Punishment at SFSU," by Samantha Harris, February 16, 2009
• "This Month in FIRE History: San Francisco State University Investigates Students for Anti-Terrorism Protest," by Claire Jenkins, February 13, 2009
• "God and Man in San Francisco," by Robert Shibley, February 9, 2007

Media Coverage

• "Judge says CSU speech policies raise serious constitutional concerns,"
  The Christian Examiner, December 11, 2007
• "Students who ‘desecrated’ terrorist flags vindicated,"
  World Net Daily, November 9, 2007
• "San Francisco State latest target in anti-speech code campaign,"
  by Joe Murray, The Bulletin, July 18, 2007
• "When Hezbollah trumps Old Glory,"
  New York Post, July 16, 2007
• "Allah Says: Don't tread on me,"
  by Jacob Sullum, Reason Online, July 10, 2007
• "A story about flag stomping you won’t believe,"
  by Brit Hume, FOXNews.com, July 10, 2007
• "Ban on desecrating terrorist flags challenged,"
  World Net Daily, July 10, 2007
• "Students sue university over probe of anti-terror rally,"
  by Associated Press, First Amendment Center, July 10, 2007
• "SFSU sued for investigating stomping of flag with Allah's name,"
  by Associated Press, International Herald Tribune, July 9, 2007
• "Lawsuit accuses San Francisco State U. of violating rights of College Republicans,"
  by Sara Lipka, The Chronicle of Higher Education, July 9, 2007
• "Do College Republicans hate Allah?,"
  by Cathy Young, Reason Magazine, April 9, 2007
• "University won’t punish College Republicans for anti-terror rally,"
  by Melanie Bengston, First Amendment Center, March 29, 2007
• "Stepping out,"
  Special Report with Brit Hume on FOXNews.com, March 22, 2007
• "Flag-stomping rabble rousers found not guilty,"
  by Marin Perez, The Golden Gate XPress, March 21, 2007
• "Students who ‘desecrated Allah’ acquitted,"
  World Net Daily, March 21, 2007
• "The San Francisco University kangaroo court,"
  by Herbert London, Insight Magazine, March 14, 2007
• "San Francisco values don't include conservative speech,"
  by Joe Murray, The Evening Bulletin, March 13, 2007
• "San Francisco State forgets a great American ideal: free speech,"
  by Luke Sheahan, Family Security Matters, March 12, 2007
• "Film’s view of Islam stirs anger on campuses,"
  by Karen Arenson, The New York Times, February 26, 2007
• "Higher ed's support for terrorism,"
  by Jason Rantz, Family Security Matters, February 13, 2007
• "Desecration,"
  The Washington Times, February 11, 2007
• "S.F. State—Hecklers’ paradise,"
  by Debra Saunders, San Francisco Chronicle, February 8, 2007
• "Playing with FIRE,"
  by Bart Hinkle, Richmond Times-Dispatch, February 8, 2007