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A former ASU student filed an appeal of a trespassing conviction, claiming a first amendment violation. Plus, a look at ASU’s new partnership with Hank Green’s Crash Course project and an insight piece on womanhood. Join host Naomi DuBovis and the State Press podcast desk as they break down the ASU community's top stories in the second season of "State Press Play." New episodes every Wednesday.


State Press podcast transcripts are produced by a third-party transcription service and may contain errors. The official record for State Press podcasts is the audio.

Naomi Dubovis  

Hey there, this is Naomi Dubovis.

DeAsiah Ball  

And I'm DeAsiah Ball. 

Naomi Dubovis  

You're listening to stay press play. A former ASU student filed an appeal disputing a third-degree trespassing conviction regarding a tabling incident at the Memorial Union in 2022. State Press politics editor Shane Brennan is here with us this week to talk about the case.

DeAsiah Ball  

Plus, we're covering an Insight piece about the feminine experience from echo reporter Analisa Valdez and ASU's new partnership with Crash Course that gives students a chance to take college classes at a discount.

Naomi Dubovis  

We've got all this and more for you this week. Tune in for the ASU community's top stories every Wednesday, right here, right.

Former ASU student Tim Tizon on was arrested by ASU police in March of 2022, where he was handing out copies of the US Constitution as part of club activities for Young Americans for Liberty. Politics editor Shane Brennan is here with us today to help us untangle the facts of the case. Shane, thanks for being here. 

Shane Brennan  

Hey, guys, how you doin? 

Naomi Dubovis  

Good. So let's talk about the facts of the case. Can you set the scene for our listeners?

Shane Brennan  

Yeah. So it's afternoon on March 3 2022. And Tim ties on a senior at the time, according to his attorneys, set up a table outside of the Memorial Union, under like that big overhang in the middle of campus. And he set it up displaying the logo of the political, college student political organization ish Young Americans for Liberty, they're the libertarian group. And he displayed the logo sat there on the table, and they started handing out copies of the Constitution. And then a officials from University told him to relocate because he had not reserved a space at that time. So in those areas of the moral Union, where there's very high foot traffic, and we there's a lot of clubs that need that space to table to promote themselves to get out there to hand up what they need to hand out. Those spaces are reservable. And there's an anyone who sets up there without a reservation if like you can walk around and handout constitutions, no problem. But you can't set up a table. Because that space is either for somebody or it's just going to be reserved, and it's free to reserve. You just have to do it in a week in advance. But it wasn't reserved, and when asked to relocate ties on refused, and he refused a couple of times. And then acpd came and arrested him and charged him with a third degree of trespassing.

DeAsiah Ball  

Yes, so Tizon was arrested for third degree criminal trespassing. Can you tell us exactly what that means? 

Shane Brennan  

So according to Arizona State law, third degree criminal trespassing occurs when a person has received a reasonable request to leave by the owner or any other person having authority over a certain property. And they have refused to do so. This can also happen if you if you just trespass on a property and there's a big sign that says no trespassing, that qualifies as a reasonable request. So ASU came out reasonably requested Tim to relocate, not to leave but to relocate to a grassy part by Hayden Library, and he didn't so they came and arrested and charged him with third degree criminal trespassing, and in October he was convicted.

Naomi Dubovis  

So Tyson's attorney said in a statement that our public university campuses are what are known as public forums under free speech. What does that mean, exactly?

Shane Brennan  

So according to Arizona State law, a university or community college shall not restrict a student's right to speak including verbal holding on to sign shipping flyers materials, because it is a public forum, but they may impose reasonable time, place and manner restrictions as permitted if the request is reasonable. And it can be justified without reference, as long as it's not a content based law. As long as they're not restricting what is being distributed, which is what ties ons lawyers are claiming, at least that's what they claimed to me. And that's part of what they claimed in the appeal. It's it wasn't a content based restriction is you told him to just relocate to somewhere else, because again, he had reserved a spot for his table. The other restrictions include you need to have they're the least restrictive means to further the compelling government interest. compelling government interest is just like, we need this spot for reservations. And you can't just sit up here, because if there are no reservations at the MMU, if you could not reserve those spaces, it would be chaos at all times because clubs are looking to get members looking to get attention, looking to get out there. And without the reservations. They'd all be there at once. Also, the restriction agreement, Arizona State law must leave open ample alternative channels for communication of the information, you know, yeah, yeah, they kicked them out of the MU, but there are other places where people walk around on campus, and also allow spontaneous assembling and distribution of literature. So those are the restrictions. As long as it's not a content based regulation, it does not usually violate the First Amendment.

Naomi Dubovis  

So the issue is that he didn't go by the book and it has nothing to do with the actual messages that he was trying to send? Is that...

Shane Brennan  

According to the university, yeah. And according to just regular Tabeling regulations, yeah, of course, because you were free to table and they would have led them. So it's, I would be shocked. If the University did a content based thing for this, I do think it was just he didn't go by the book. And that's, that's how it is. Like, you have to go by the book when it comes to reserving a spot to buy the Amu. Again, heavy foot traffic. Every club is gunning for that spot. You need to reserve or else and if you're asked to relocate, like he didn't do that, either. That's why he got arrested. Like if he just said, oh, yeah, I'll relocate no big deal. It wouldn't have been a big deal. He would not have been arrested. But it was the it was the not reserving. And then it was the refusal to relocate, that landed everybody in the situation.

DeAsiah Ball  

How wild is it that reserving not reserving a table properly and then refusing to leave? can result in an arrest? Yeah,

Shane Brennan  

I think it's pretty, it's pretty wild, that ASU would just be like, All right, man, I guess we're gonna have to call the cops on you. Because he was a student at the time, you know, and it's not like he was hurting anybody. He wasn't promoting like a violent message or something, at least to my knowledge, his lawyers, his attorneys, they said that he was just handing out copies of the Constitution and whatever, like, yeah, he's not hurting anybody by doing that. But I guess if I guess ASU is going to find a way to get someone out of there. Because they don't want to deal with this. And they don't want to deal with a guy refusing and sustain their and setting a precedent for more people to just come in and just take a spot that's already reserved for the club, or those spots in general. Because if that precedent is set, then as I said, it's just gonna get flooded with clubs who don't take the rule seriously, who don't reserve, and then it's going to be a dogfight to get in those spots, especially early on in the semester when clubs are looking for new members.

Naomi Dubovis  

So does this case say anything about free speech rights on college campuses? Is there really a case here that someone's first amendment rights were violated?

Shane Brennan  

Yeah, I guess on the surface, you could say that. But it was, it wasn't content based, because if it was content based, then we would see a lot less of that political side, on campus, and we see a lot of them. And I've seen a lot of those. So ASU is pretty relaxed on that kind of stuff. And as long as you're not promoting like a violent message, I don't think there's any kind of content based regulation that they will, that they will do. Michael Crow has always been a big fan of free speech. He's not a guy that's going to shut anybody down. We've seen that he's not the kind of guy that will shut anybody down. And, you know, nobody's free speech has really stepped on here. Because if you just did the very short application a week ahead, and then set up the table where where it was, if you got that reserved, no one would have given a problem and if he didn't refuse, he wouldn't got arrested.

DeAsiah Ball  

And Shane, can you tell the audience what was it like reporting this story?

Shane Brennan  

What was it like? Um, it was quick, it was a quick it was a quicker hit. At the journalism school here, you take a law class about this specific thing. And I took a hard one and it was online and I don't learn well online. So this is like a real world example for me that I had to wrap my head around and law is always been like a big blind spot for me, but it was a it was good to learn. I talked with one of Tizon's lawyers' assistant, and yeah, it was a quick hit. It was a classic ASU lawsuit free speech story that we need to cover so was a different than any quicker hip.

Naomi Dubovis  

That was politics editor Shane Brennan. Thanks for being here with us today.

Shane Brennan  

No problem. Thanks for having me.

Naomi Dubovis  

You can find Shane @ShaneBrennan36 on Twitter. For more on this story, check out the article at state press.com And our Twitter at State Press. Up next, we're talking about one echo reporters commentary on womanhood and ASU's efforts to make higher ed more accessible in a partnership with the Crash Course YouTube channel.

DeAsiah Ball  

At a young age, little girls are told that pink is for girls that are closer pink, their toys are pink. Even their birthday balloons are pink. State Press Echo reporter Analisa Valdez wrote an Insight piece about her identity as a sis woman, and how important it is to view it as a spectrum of white and red. What of all this describes her experience Growing Up Female she writes everything about being a woman in our adolescent years is drenched in this pervasive color, the harsh reality hits before we're even born. Before we have a chance to figure out who we are. We have already been designated the pink gender. While this pushes for female experience to be examined with a more nuanced lens and to acknowledge the burden of expectation still being placed on girls and women by others and start a call what they know on womanhood. Being a woman is more than being just pink. Being a woman is beautiful. For more on this story, check out the article by Analisa Valdez at state press.com.

Naomi Dubovis  

ASU is partnering with YouTube in Crash Course to offer students credit bearing online courses at a lower cost. According to a press release, the new program called "Study Hall" aims to break down barriers to higher education including accessibility and cost. Here's how it works. Some study hall videos on YouTube are free to watch allowing students to get a feel for the courses. If a student is interested in taking one they pay a $25 charge plus a $400 fee to earn college credit. If you sign up before March 7, that's reduced to $350. Learners only need to pay the credit fee if they're satisfied with their final grade and each course is taught by ASU faculty. The four classes offered by study hall are college math, communication, US History and English Composition. Crash Course co founder Hank Green said that the partnership allows ASU to light up a pathway from an informal love of learning to a more formal academic environment. For more on this story, check out the article by Madison Vega at state press.com.

DeAsiah Ball  

Stay tuned for our favorite stories from this week.

Naomi Dubovis  

In the wake of Super Bowl season, the city of Phoenix tweeted a promotional photo of the downtown area. While the photo seems normal at first, it's a little strange at second glance, it's so green, almost like a jungle. And that didn't sit well with Phoenix residents on Twitter given that we you know, live in a desert. Arizona Republic reporter Taylor Seely wrote a story about the internet's field day that ensued. According to the article, city spokesman Matt Hamada said that Phoenix has used the composite photo for years without any backlash. Now I've taken a peek at Twitter to see the responses and they don't disappoint. At least two users have said that the city has been ossified, but one of my favorite tweets had this to say. In this alternate reality, maybe the Cardinals will win more than one home game per season. For more on this story, check out the article by Taylor Seely at az central.com.

DeAsiah Ball  

The Super Bowl is coming. Big whoop. To all my real sports fans and animal lovers. The puppy bowl will take place at noon on February 12. And I am more than excited. Run by animal planet. This is a once a year premiere of dogs being cute for three hours on a puppy sized stadium. Animal Planet partners with nonprofit organizations to connect Pet Adoption centers to viewers in hopes of finding these furry friends a forever home this year to local rescue pups from the valley and yet in Phoenix will be participating in the game little Phoenix found her forever home thanks to the Arizona humane society, and yet on the other hand, found her forever home thanks to the Nagi foundation. Who are you placing your bets on Naomi?

Naomi Dubovis  

Oh man, if I had to choose between Team ruff or team fluff, I don't think I could decide, in all honesty, because I know nothing about puppy sports. The only thing I know is that team fluff took the crown last year, but really I think it's it's any dogs any dogs game.

DeAsiah Ball  

Well personally, I'll be going for Team ruff. For more on this story, check out the article by Cameron polam at ABC15.com.

Naomi Dubovis  

Thanks for listening to this episode of state press play.

DeAsiah Ball  

Don't pause us just yet. Follow the State Press on Spotify or anywhere you get your podcasts.

Naomi Dubovis  

Follow us on Instagram and Twitter at State Press.

DeAsiah Ball  

To learn more about the stories we talked about. Check them out online. You can find all these stories and more on our website.

Naomi Dubovis  

Thank you to Shane Brennan for being here with us this week. 

DeAsiah Ball  

This show was edited and produced by the State Press podcast desk

Naomi Dubovis  

Thank you to our editor, Sonya Sheptunov, and our managing team, Andrew Onodera and Reece Andrews. Our music is courtesy of Epidemic Sound. I'm your host Naomi Dubovis. 

DeAsiah Ball  

And I'm DeAsiah Ball.

Naomi Dubovis  

You've been listening to State Press Play. See you next week.

Transcribed by https://otter.ai

State Press Play: Former ASU student disputes trespass conviction

Join host Naomi DuBovis and the State Press podcast desk as they break down the ASU community's top stories in the second season of "State Press Play." New episodes every Wednesday.

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