The Foundation for Individual Rights in Education announces another victory:

[A] federal judge has ordered San Francisco State University (SFSU) and the California State University System (CSU) to stop enforcing several unconstitutional speech codes. The codes were challenged in a lawsuit filed by attorneys from the Alliance Defense Fund (ADF) in cooperation with the Foundation for Individual Rights in Education (FIRE).

“This decision is a vital step in the fight against unconstitutional campus speech codes,” FIRE President Greg Lukianoff said. “The court’s decision frees hundreds of thousands of students throughout the CSU System from unlawful restrictions on their expression.”

The lawsuit—brought by the SFSU College Republicans and two of the group’s members—came after the SFSU College Republicans were put on trial by a campus tribunal for stepping on makeshift Hamas and Hezbollah flags as part of an anti-terrorism rally they held in October 2006. Despite having the power to dismiss the charges at any time, SFSU dragged the plaintiffs through a five-month investigation and hearing before ultimately clearing the group of baseless “harassment” charges. The plaintiffs’ lawsuit, filed in the U.S. District Court for the Northern District of California, asks the court to hold SFSU accountable for unlawfully mistreating the plaintiffs on the basis of their constitutionally protected expression and to strike down several unconstitutional speech codes at SFSU and in the CSU System.

Burning the American flag is protected First Amendment speech, on the grounds that actions intended to convey a political message should be treated no differently than actual speech. The Supreme Court made that decision in the 1980s. So it’s good to know that, decades later, stepping on the flags of two terrorist organizations is also protected speech.

But it’s troubling that administrators at a taxpayer-funded university—an entity legally prohibited from punishing students for protected political expression—are so ignorant of the basic parameters of their students’ rights that the school needed to be brought to court in the first place.

You shouldn’t need to hire a lawyer in order to exercise rights enumerated in the Constitution.