Arizona State University’s former Blaze Radio station manager filed a lawsuit against the school after her removal back in September. Rae’Lee Klein, a student at the Walter Cronkite School of Journalism and Mass Communication filed the official complaint against the school, ASU, and Interim Dean Kristin Gilger for infringing on her right to free speech.
“We’re suing because she’s not the station manager. She’s been constructively terminated (and) they’re not letting her do her job,” Jack Wilenchik, her lawyer, said. “They are discriminating against her based on her exercise of free speech by taking that away.”
Klein is a senior studying journalism and mass communication and said her concern is that students will be afraid to speak out.
“I’m honestly just hoping that it changes the status quo of students being silenced and their First Amendment rights being squashed,” Klein said. “I hope that students who are either in a university and having similar experiences or thinking about going to college or worried about that if they ever are faced with the same situation that I am to stand up to it and to say no and to know that you are backed by your constitutional liberties.”
Klein said this issue goes beyond ASU and that free speech wasn’t designed to make everybody happy or comfortable.
“This country and that amendment were created on the basis that you should be able to say what you want as long as it’s not inciting harm or violence without fear of repercussions from any agency,” she said.
Klein said she has nothing to lose when it comes to suing the school. While she no longer has access to the radio station programming, she is still being paid by the school.
“I don’t know any institution that pays people, but won’t let them do the work that they’re being paid for,” she said. “It’s a battle that I think no matter which way that this goes, like I’m proud of what I’ve done so far.”
Klein said she thinks the case is going to set the precedent moving forward for how universities handle the content of free speech.
“I have full trust in the judge to make the decision that (they see) best for the situation. If that’s not that side and the law isn’t that way, then so be it,” she said.
Downtown Devil has reached out to the university, which said they will not be commenting on the matter.
“There was no First Amendment violation here, and Ms. Klein’s claims are meritless,” David J. Bodney, a specialist in media and constitutional law, said in an email. “ASU and the Cronkite School have deep and abiding commitments to free speech and excellence in journalism, and this lawsuit disregards an array of facts that show just how baseless these claims really are.”
According to the email, Bodney said Klein’s conduct since the aftermath of the tweet showed that she is no longer able to lead Blaze Radio and that the university did not terminate her employment. He also said Klein was offered other opportunities, such as starting her own radio station with support from the university, all of which she rejected.
“(She insisted) instead on a right to lead the organization even after it was clear that she had lost the confidence of the student volunteers and board members and could no longer effectively do so,” the emailed statement said.
If Klein wins the case, she said she will move forward with the station’s best interest at heart and that if members want to leave and pursue other opportunities, they’re welcomed to do so.
“I don’t want to make anybody feel uncomfortable for all the board positions,” she said. “If they do leave, I’ve planned up replacements for every single one of their positions so they’ll be instated into this new position.”
In documents obtained by the Downtown Devil, the official complaint said that Klein was constructively and unlawfully terminated from her role as station manager based on her constitutional right to free speech.
“She has been constructively terminated meaning that she cannot do her job. They actually have fired her because she cannot do her job,” Wilenchik said.
This lawsuit comes after Klein posted a since-deleted tweet in late August regarding the shooting of Jacob Blake which caused uproar amongst station members and students.
“Always more to the story, folks. Please read this article to get the background of Jacob Blake’s warrant. You’ll be quite disgusted,” the tweet said.
Soon after Blaze Board members decided not to recognize Klein as station manager, members locked her access to the station.
“(ASU officials) did not agree to not remove her or restore her account access,” Wilenchik said. “ASU has taken the position effectively of these students by not giving her back access to the station.”
Wilenchik said they are asking for the court to stop the interim dean and the school from removing her as station manager.
According to the complaint, Klein’s tweet follows the Cronkite News’ social media guidelines, shadowed by the Society of Professional Journalists’ code of ethics.
With the station members forcing her out and the interim dean stating in an email “staying on as station manager is not an option,” she is being “deprived of her government benefit that she previously enjoyed on the basis of her speech,” according to the suit.
Wilenchik said they are asking ASU to allow Klein to resume her position as station manager and the $1,000 for punitive and monetary damages as a result of the free speech violation.
Wilenchiek also said typically the judge will set a return hearing, where the judge brings everyone together to talk about the case, then the judge rules for the rest of the scheduling for the case, and if it’s necessary the judge will set a preliminary injunction hearing, or in other words a ‘mini-trial.’
“I never, ever imagined my senior year going this way. But I think it’s reinforced in me how important it is to have strength and not being afraid to stand alone because nine times out of 10 you won’t be standing alone,” the former station manager said.
ASU has 15 days to respond to the motion.
Contact the reporter at pmuse@asu.edu.
