Spring Break
Five-year free speech case against Miami dismissed
Hannah Poturalski
Issue date: 6/19/09 Section: Campus
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On October 14, 2002, Gilles was preaching a Christian message outside of King Library without a permit.
Miami police approached Gilles and told him he could not continue speaking, according to Robin Parker, general counsel for Miami.
The 2008-09 Miami University Policy and Information Manual, Sect. 16.4.C states, "Visitors are free to walk through our campuses; however, authorization is required from the University or from a recognized student organization to make speeches or presentations."
Gilles was not invited or sponsored to be on campus.
Parker said visitors can only give speeches on perimeter sidewalks - those adjacent to Spring, High, Chestnut and Sycamore Streets, Patterson and Campus Avenues, and Tallawanda and Oxford-Trenton Roads.
Gilles is known for frequent visits to universities and is commonly referred to as Brother Jim.
Parker said Gilles waited until the last day he could to legally sue Miami, which was in 2004.
"Gilles seeks monetary settlements from schools in lieu of litigation," Parker said.
His case was dismissed by the U.S. District Court because he had no legal claim. Gilles appealed the case and it went on to the U.S. 6th Circuit Court of Appeals.
"What's unique is the Court of Appeals said the university was correct and Gilles had no right to go wherever he wanted, whenever he wanted, but it was still sent back to trial court to make sure the policy on speeches was uniformly enforced and Gilles wasn't discriminated against," Parker said.
Gilles then used what's called a discovery, which is a pre-trial phase in a court case where each party can gather information, facts and evidence about the case in preparation for trial.
Parker said it was discovered Miami has always followed its policy.
Gilles then agreed to dismiss the case on two conditions - Miami not collect any attorney fees from him and he receives a letter from Parker clarifying the policy.
Miami agreed to these stipulations.
"I'm pleased that the court upheld our long-standing policy," Miami President David Hodge said.
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