Kyle J. Bristow, Esq.
Admissions:

Michigan (P77200)
Ohio (#0089543)

SCOTUS (#296690)
CAAF (#35818)

E.D. Mich.

W.D. Mich.

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Bristow Law, PLLC
P.O. Box 381164
Clinton Twp., MI 48038

(P): (248) 838-9934

(F): (586) 408-6384
BristowLaw@gmail.com


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THIS FIRM IS A DEBT
COLLECTOR
ATTEMPTING TO
COLLECT A DEBT.
ANY INFORMATION
OBTAINED WILL BE
USED FOR THAT
PURPOSE.

 

Bristow Lawmc

January 26, 2018

 

Kent State University
Attn: General Counsel
PO. Box 5190

Kent, OH 44242

Sent via First Class United States Mail and Electronic Mail ?egal@kent. edu)

RE: CAMERON PADGETT v. BEVERLY J. WARREN
PRE-SUIT DEMAND FOR COMPLIANCE WITH FIRST
AMENDMENT TO THE UNITED STATES CONSTITUTION

To whom this concerns:

Take note that my law firm represents Cameron Padgett for purposes of the
controversy described herein.

On January 17, 2018, Mr. Padgett contacted Kent State University to
request the opportunity to rent the Student Multicultural Center for a speaking
event Mr. Padgett is trying to organize which would feature Mr. Padgett,
Richard Spencer of the National Policy Institute, and other invited guest
speakers who would share with the attendees of the function their Alt-Right
and identitarian political views. According to the KSU website, said room is
advertised as being available for the public to rent.1

When KSU of?cials became aware that Mr. Padgett was attempting to rent the
room?and political opponents of Mr. Padgett became aware of the same and
made a fuss about it?, KSU quickly informed Mr. Padgett that the room could
not be rented by him unless his event was sponsored by a student group
registered with KSU. KSU cited 4 - 03.1 of the University Policy Register2
to support its contention that Mr. Padgett needs the sponsorship of such a
student group in order to host his event in a room which is advertised as
otherwise being publicly available for rent.

Noteworthy about 4 - is that sponsorship by a student group for
an event to occur is not required for ?social, or athletic exhibitions or events.?
Thus, policy is facially unconstitutional?much less as-applied to the
facts of the instant controversy?insofar as KSU openly discriminates against
the content of speech through the imposition of the prerequisite of having a
registered student organization sponsor events for some forms of speech, but
not others.

According to policy, a student group would need to sponsor a speech
by a politician, but not a speech by a wedding speaker at a wedding reception
or the remarks of an emcee at a fundraiser for a charity or the jokes that a
comedian might tell at a social function. This is brazenly unconstitutional
content-based discrimination because KSU is imposing and enforcing different

rules based upon the content of different types of speech, and such cannot occur in a limited public
forum which KSU has created by permitting its Student Multicultural Center to be rented by the
public.

This is clearly established law, and KSU should know better than to trample upon the First
Amendment in this manner with a policy which is clearly designed to suppress controversial
political speech. Widmar v. Vincent, 454 US. 263 (1981) (holding that when a public university
opens its facilities to the public for use, the university creates a forum subject to the First
Amendment); Lamb ?3 Chapel v. Center Moriches Union Free School District, 508 US. 384 (1993)
(holding that when a public school which opens its facilities to the public creates a limited public
forum, it cannot engage in the discrimination of speech); Good News Club v. Milford Central
School, 533 US 98 (2001) (holding that when a public school which opens its facilities to the
public creates a limited public forum, it cannot engage in content discrimination); Reed v. Town of
Gilbert, 135 S. Ct. 2218, 2226 (2015) (Content-based restrictions?those that target speech based
on its content??are presumptively unconstitutional and may be justi?ed only if the government
proves they are narrowly tailored to serve compelling state interest?).

You have until Friday, February 9, 2018, at 5:00 pm. to agree to let Mr. Padgett rent the Student
Multicultural Center for an acceptable date and time to be agreed upon or else suit will be ?led in
federal court.

If KSU will not permit my client to rent a room on its campus, I imagine a federal judgemwho is
educated in the law and who has sworn to defend the Constitution of the United States??will.

I await your response.

Very sincerely,

BRISTOW LAW, PLLC

MA '31 

Kyle/J. Bristow, Esq.

 

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