Title: First Amendment Rights for Disabled

Christopher Connors

Issue Brief

Title: First Amendment Rights for Disabled

Key Words: First Amendment, Disabled, Free Speech, Rights

Description: First amendment rights for the disabled is not the biggest issue in the United States, but still one deserving of attention. There are over a billion people in the world with disabilities, many of which struggle for basic first amendment rights. Several cases throughout history have shed some light on people with disabilities fighting for their free speech rights.For example, in 2005, George Mason University law student Carin Constantine sued GMU, alleging discrimination in violation of the Americans with Disabilities Act (ADA). She also alleged retaliation in violation of her First Amendment free speech rights. This case illuminates an issue that receives very little attention in the world today.

Key Points: -Free speech rights for those with disabilities in the United States deserves more attention, as it is an issue not commonly discussed within society.

-Many of the over 1 billion people in the world that have a disability are deprived of free speech within their own communities

-Many women and children in India with disabilities are not treated properly and are often subject to abuse

-A woman was not granted an extension on a law exam per request from severe headaches, and consequently received an F in the course

-She filed a temporary restraining order for the federal court in Eastern District of Virginia, was denied

-Fourth Circuit Court of Appeals ruled in Constantine’s favor, ruling that she 1) has a disability 2) is qualified to receive the benefits of public service 3) was excluded from participation on basis of her disability

Brief: There are over 1 billion people in the world that suffer from disabilities (Human Rights Watch). Many of these people struggle for basic human rights daily, including first amendment rights such as free speech within their communities. Organizations, such as Human Rights Watch, are attempting to highlight many of these injustices by documenting cases of abuse against the disabled. One example of this occurs in parts of India, where young women with disabilities are treated brutally in mental institutions and hospitals. Women and children are not provided with proper healthcare and often subject to physical and sexual abuse. Their free speech is not being heard because many times their mental disabilities deprive them from communicating the injustices done to them. While this issue is in India, the necessity to direct attention to the problem globally is of severe importance.

Another example, which occurred in the United States, involved a collegiate student with migraine issues. Carin Constantine suffered from intractable migraine syndrome while in law school and GMU. This is considered a disability, and thus is protected by the ADA. While taking an exam, she requested more time to finish because of severe headaches and was denied her request. She failed the course, but was offered a re-examination from GMU three months later. She proceeded to write an article in the school law paper highlighting her grievances with the process. This is where the free speech issue comes into play. GMU officials agreed to let her retake the exam, but told her beforehand that she would receive an “F” on the exam.

Constantine sued GMU and various GMU officials, alleging discrimination in violation of the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA). She also alleged retaliation in violation of her First Amendment free speech rights. The Fourth Circuit Court of Appeals ruled in favor of Constantine for several reasons. One, she did indeed have a disability that is protected by the ADA. Secondly, she is qualified to receive the benefits or services of the public program because of her disability. Thirdly, she was excluded from participation on the basis of her disability. As for the free speech issue, it was determined that the university did not “inhibit” Constantine from writing in the school party, rather they “chilled” her free speech rights by holding her writing against her when they told her pre-exam that should be receive an “F” regardless of how she performed.

This case, and the issues in India, shed light on just how vast disabilities can be. Whether it is a mental disability, or a migraine issue, first amendment speech should never be compromised at the expense of someone’s disability. Organizations like the Human Rights Watch are making strides at bringing this issue into the forefront, but more attention must be directed to this problem. If first amendment rights are important for all humans, why should those with a disability be excluded from this basic concept?

Works Cited

Court reinstates student’s First Amendment and disability discrimination claims.Clearinghouse of North Carolina Law School.UNC School of Government. Spring 2005.

Free Speech for the Disabled."DWPexamination.org." DWPexaminationorg. N.p., n.d. Web. 14 Apr. 2015.

Disability Rights. Human Rights Watch Organization. March 8, 2015.

Relevant Websites

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