Federal Lawsuit Filed Against Frederick Community College Over Alleged Free Speech Violations

FREDERICK, MD News (10/9/2024) – A federal lawsuit has been filed by YouTube personality Shaun Porter against Frederick Community College and its Director of Public Safety, Robin Shusko. The suit alleges multiple violations of Porter’s First and Fourteenth Amendment rights following an incident that occurred during a protest on the college campus in October 2023.

Porter, acting as his own legal counsel, filed the complaint in the United States District Court for the District of Maryland. He is seeking compensatory damages of $1,250,000, along with punitive damages and legal fees, for what he claims was a violation of his constitutional right to free speech, defamation, assault, and battery, as well as the fabrication of evidence to suppress his protest.

Incident Overview

According to the complaint, on October 5, 2023, Porter protested at Frederick Community College, where he once attended classes. Armed with a sign that read “FUCK THE DRAFT,” Porter sought to express opposition to the Ukraine war and raise awareness about free speech rights, referencing the landmark Supreme Court case Cohen v. California. The case, which involved a protester arrested for wearing a jacket with the same slogan, is noted for its protection of political speech under the First Amendment.

Porter’s protest took place in a public area of the college, commonly referred to as “The Quad.” This location, according to the complaint, is an open space frequently accessed by students and community members. Porter asserts that his protest was peaceful and aimed at discussing both the Ukraine war and broader free speech rights.

The Altercation

The complaint details how Porter was approached by two campus security officers shortly after his arrival, followed by an interaction with Shusko, who is named as the lead defendant. Porter alleges that during this encounter, Shusko assaulted him by lunging at him and attempting to seize his phone as he recorded their interaction. Porter claims this act was intended to prevent him from documenting the event and infringed on his rights to record in a public forum.

In addition to the physical altercation, the lawsuit accuses Shusko of making false statements to the Frederick City Police, alleging that Porter was disruptive and used inappropriate language during his protest. Porter contends that these statements were intended to manufacture evidence against him and chill his free speech activities.

Legal Claims

The lawsuit outlines several key legal claims, including:

1. Violation of the First Amendment: Porter argues that his protest was a constitutionally protected act of free speech on a matter of public concern. He contends that the actions of Shusko and other security personnel were aimed at censoring his message and intimidating him from continuing his protest.
2. Assault and Battery: Porter claims that Shusko physically assaulted him by grabbing his phone and hand during their confrontation. He alleges that this constituted both assault and battery under Maryland common law.
3. Defamation: The suit also accuses Shusko of making defamatory statements about Porter to both the police and students on campus, which he claims caused harm to his reputation and resulted in his political message being silenced.
4. Due Process Violations: Porter asserts that Shusko’s actions, including the fabrication of evidence and false accusations, deprived him of his constitutional rights to due process under the Fourteenth Amendment.

Damages Sought

Porter is seeking $1,250,000 in compensatory damages, citing emotional distress, reputational harm, and physical injury, among other claims. The suit also asks for punitive damages, asserting that the actions of Shusko and other campus officials were carried out with willful disregard for his rights.

The case is likely to draw attention due to its focus on free speech rights in public institutions, particularly in the context of protests about national and international political issues. No statements have been made by Frederick Community College or any of the defendants regarding the lawsuit.

The court will determine whether Porter’s claims have merit and if the actions of the college’s security staff violated constitutional protections.

Story by multiple RFHC contributors