Alliance Defending Freedom Takes on GMU Over Student Speech Rights

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Alliance Defending Freedom is representing two third-year law students at George Mason University’s Antonin Scalia Law School, challenging the university’s use of no-contact orders. Plaintiffs Selene Cerankosky and Maria Arcara claim these orders violate their constitutional rights to free speech, religious expression, and due process.

The case, Cerankosky v. Washington, stemmed from a September 2024 discussion in a law school group chat about a proposal to place feminine hygiene products in men’s restrooms. When a student representative sought feedback, Cerankosky expressed concern that this would imply men’s restrooms would “welcome female occupants,” which she argued would require women’s restrooms to welcome male occupants, making her “considerably uncomfortable.”

According to the lawsuit, two weeks after this exchange, a George Mason administrator issued no-contact orders against Cerankosky and fellow student Maria Arcara, citing the “effect of [their]speech on a member of the Mason community.” The orders, which have no termination date and cannot be appealed, bar them from any communication with the student representative both on and off campus.

Alliance Defending Freedom attorneys argue that the university’s actions represent unconstitutional censorship based on religious beliefs. The complaint states that GMU issued these no-contact orders “under their Title IX Sexual Harassment Policy,” over protected speech, not any conduct. The legal filing contends that the university’s policy violates multiple constitutional protections and argues that the university failed to provide basic due process protections.

If they violate the orders, the students face potential disciplinary action, including expulsion. According to the lawsuit, this has caused the plaintiff to self-censor on campus “when expressing their religious beliefs and other beliefs that some may disagree with.”

What is Alliance Defending Freedom?

Alliance Defending Freedom (ADF) is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, marriage and family, and the sanctity of life.

Religious institutions seeking to operate in alignment with their faith principles can access specialized legal assistance through Alliance Defending Freedom Church & Ministry Alliance. This specialized division of Alliance Defending Freedom provides focused legal support and services to churches, ministries, and faith-based organizations, helping them preserve and protect their ability to function according to their religious beliefs.

ADF Senior Counsel Tyson Langhofer, director of the ADF Center for Academic Freedom says universities must preserve the marketplace of ideas for all in order to encourage civil discourse for our future attorneys, politicians, judges, and leaders.

In a statement on Alliance Defending Freedom Media, Langhofer said, “Selene and Maria respectfully voiced their opinion about biological differences between men and women and how the other student’s proposal blurs those lines at the expense of safety, privacy, and religious conviction. Because of this, their academic and professional careers are now in serious jeopardy. George Mason’s policy is far too subjective and allows university officials to punish students simply because their opinions about hotly debated social issues don’t align with their own. We are urging the court to restore the students’ First Amendment rights and order George Mason to stop enforcing its policy against protected expression.”

The case seeks both monetary damages and equitable relief, arguing the students “have suffered, and continue to suffer, economic injury and irreparable harm” due to the university’s actions.

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