Designated Free Speech Zone at Grossmont College Wasn’t So Free Until Legal Intervention

The designated free speech zone at Grossmont College in El Cajon was not very free for Christians until conservative lawyer Dean Broyles intervened.

Earlier this year the community college refused to allow a pro-life Christian group to use space on its quad that is supposed to be open to all non-profit  groups and businesses. But after Broyles threatened to sue the school for First Amendment violations  Grossmont quickly reversed course. It  said this month that the Christian group is welcome.

Broyles, president of the Escondido-based National Center for Law and Policy,  told the California Globe that, “It is a big victory in the sense that we got involved quickly and they responded quickly and apologized.  However it is very concerning that a government entity like this would think they could even for a second they could deny a pro-life Christian group access to the free speech area in their main Quad.  Freedom isn’t free. We have to contend and fight for it sometimes.”

This January, Rebekah Dyer of the Christian ministry Justice for All requested to reserve space on the Grossmont College quad.  Dyer told the California Globe that, “I train pro-life advocates how to have productive conversations about abortion. I do a lot of work on university campuses talking to students about the equal value of every human being, including unborn children, women with unplanned pregnancies, and the person who disagrees with me.”

When Dyer phoned the school for permission she was directed to Grossmont budget analyst Carol Rapolla-Sigler. On January 7, Dyer sent her an email saying she wanted space and that she works  “for a pro-life organization that seeks to create civil conversations about abortion and unintended pregnancy, and I would like to do an event at Grossmont in the Quad area in the near future.”

But Rapolla-Sigler rejected Dyer’s request, telling her on February 4 that  “the college restricts the use of its facilities for religious, political or ideological groups.”

Dyer says that, “I was very surprised, and I knew the reason they gave didn’t line up with free speech laws.”

So she contacted Broyles.

After probing the matter, he sent Grossmont-Cuyamaca Community College District Chancellor Lynn Ceresino Neault and Grossmont College president Denise Whisenhun a blistering letter on February 25.  It said that the denial of access was viewpoint discrimination in violation of the First Amendment.

Broyles wrote that, “Ms. Rapolla-Sigler, and whomever else in the Grossmont Community College administration that advised her about its purported ban on the right of free expression of ‘religious, political or ideological’ groups, grossly abused their governmental authority, stretching college policies well beyond their actual words to try to justify acts that blatantly violate clearly established First Amendment principles. In the process, she has exposed herself to personal liability.”

He said that “your staff has unlawfully banned JFA from expressing its message precisely because of the content of that message—abortion. Unilaterally characterizing JFA’s life-affirming message as ‘religious, political or ideological’ takes your unconstitutional acts from content discrimination to viewpoint discrimination—discrimination on the basis your implied assumption that JFA may express religious, political or ideological viewpoints about abortion. By preventing our client from peacefully speaking in the Fall of 2025, you are arbitrary and capriciously exercising unfettered discretion over whether our clients can speak in Main Quad, amplifying your viewpoint-based control over their speech.”

Broyles demanded  an apology and an assurance that Dyer could use the Quad. He also requested that Grossmont train its staff on the First Amendment and identify “all college policies, procedures, and guidelines that govern organizations that desire to hold free speech outreaches in the Main Quad area.”

He asked for a response by March 11.

On March 10, Grossmont president Denise Whisenhunt phoned Broyle “to confirm Grossmont’s complete and total legal capitulation,” as he describes the conversation.

Whisenhunt apologized and said Justice for All was welcome on campus. Broyles says she said the denial was a “mistake by an inexperienced staff member.”

On the phone Whisenhunt insisted that the college is committed to free speech.  She promised to connect Justice for All to the right dean who would assure the visit went smoothly.

Dyer says she feels relieved at the outcome. “I wasn’t sure what to expect, but I am relieved we resolved this issue quickly and amicably.”

Whisenhunt did not reply to requests for comment.