Can a College Be Legally Responsible for What Its Students Say?

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An Ohio jury awarded $11 million in compensatory damages to Gibson’s Bakery.  Gibson’s filed a lawsuit alleging defamation against Oberlin College.  Students of Oberlin had accused Gibson’s of being racist after a white employee chased down a black Oberlin student who had attempted to use a fake ID to purchase alcohol, and was suspected of stealing alcohol by the Gibson’s employee.  According to court records, the student did plead guilty to attempted theft.

Students at Oberlin accused Gibson’s of being racist, and petitioned Oberlin to cut its ties to the bakery, which was a supplier to its cafeterias.  The lawsuit accused Oberlin of supporting the students’ claims of racism.

Floyd Abrams, a First Amendment lawyer, was quoted as saying, “The notion that uninhibited student speech can lead to vast financial liability for the universities at which it occurs threatens both the viability of educational institutions and ultimately the free speech of their students.”

Oberlin is no stranger to moral outrage.  In 2015, students accused the campus dining department and Oberlin’s dining vendor, of cultural appropriation and insensitivity, criticizing what they saw as poor attempts at multicultural cooking.

The jury will reconvene this week to decide on punitive damages.