Former student sues UT on free speech grounds

KNOXVILLE (AP) — A former University of Tennessee student who painted the message “No War” on several campus buildings now is suing the school, claiming his free speech rights were violated when he was arrested and his graffiti removed.

Caleb E. Wilson, 27, painted the message on the university’s Art and Architecture Building and on the glass doors at Stokely Athletics Center on Feb. 13, 2003, to protest a possible U.S. invasion of Iraq, where war began a month later.

Police arrived when Wilson and two others were painting and hanging banners, and Wilson was arrested after he tried unsuccessfully to flee, according to a report filed by UT Police officer Robert Edward Cummings.

Wilson was charged with felony vandalism, public intoxication and evading arrest, and the writings were washed from the walls.

Wilson later filed a federal lawsuit against UT officials and employees, contending he had the right to paint what he wanted on the buildings and that university officials violated his First Amendment right to free speech by arresting him and removing the anti-war message.

University spokesman John Clark said UT doesn’t comment on pending litigation.

The lawsuit, filed in federal court in Knoxville by lawyers Peter Alliman of Madisonville and Benjamin S. Pressnell of Tazewell, contends that for years “innumerable” students have used the walls of the building as a “forum” to express their views.

The lawsuit charges that UT had done nothing in the past about the alleged “expressions” and argue that Wilson was arrested for the content of his message — not because he painted it on the buildings.

Beauvais Lyons, an art professor and president of the UT Faculty Senate, said there is no policy condoning the graffiti, “either spoken or official, nothing.” But he did say the university scrubbed Wilson’s message from the walls more quickly than usual.

“If it didn’t have a political message, it would have been on there longer,” he said. “However, I would also say there are more constructive ways to engage in free speech. You could turn 180 degrees, walk three steps and you could pin a (message) up on the bulletin board.”