Three news organizations filed a federal lawsuit on Wednesday against the leaders of Penn State University's governing body, alleging that an updated bylaws policy violates the First Amendment by censoring trustees.
Spotlight PA, the Centre Daily Times, and StateCollege. com filed the legal challenge in the U.
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S. District Court for the Middle District of Pennsylvania.
The lawsuit targets rules requiring Board of Trustees members to support majority decisions and pre-clear all media interactions with leadership.
The legal action names Board Chairman David M. Kleppinger, Vice Chairman Richard S.
Sokolov, and governance committee Chairman Daniel A. Onorato as defendants.
The plaintiffs argue the policies unconstitutionally block public access to information about the taxpayer-funded university, which generates nearly $16 billion in economic impact for Pennsylvania.
Represented by the Reporters Committee for Freedom of the Press and the Cornell Law School First Amendment Clinic, the media outlets seek a judicial order declaring the restrictive bylaws unconstitutional.
“Penn State’s gag policy not only controls what members of the Board of Trustees can say but also whether they can even speak publicly at all about the Commonwealth’s largest public university, which raises serious constitutional concerns,” said Paula Knudsen Burke, an attorney for the Reporters Committee for Freedom of the Press.
Burke further noted that the restrictions prevent trustees from offering independent insights, leaving the public less informed about the institution's operations.
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“Trustees who wish to share their independent insights on important issues are effectively barred from doing so, and the result is a Penn State community and broader public that’s less informed about what’s happening at an institution that reports almost $16 billion in economic impact on Pennsylvania,” Burke said.
Legal representatives from the Cornell Law School First Amendment Clinic also criticized the university's pre-approval requirements for media interviews.
“The right to dissent is the lifeblood of democracy,” said Heather E. Murray, attorney and Cornell Law School First Amendment Clinic Associate Director.
Murray stated that blocking critical commentary and requiring advance permission to speak with reporters directly conflicts with constitutional protections.
“Blanket bans on trustees making critical statements about Penn State stakeholders and requiring Trustees to get pre-approval to talk to journalists about any matters that have come before the Board plainly runs afoul of the First Amendment,” Murray said.
According to the court filing, former trustee Alice Pope faced a formal reprimand last year after publicly questioning a board decision to close seven commonwealth campuses.
“I have become more cautious and selective about what I say publicly, even when I believe speaking would benefit the University and its community,” said Alice Pope, an emerita trustee, describing the impact of the disciplinary actions.
The board amended the disputed bylaws in November, with outgoing trustee Anthony Lubrano casting the sole dissenting vote.
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A Penn State spokesperson declined to comment on Wednesday, citing the university's policy against discussing pending litigation.
