Judge throws out case against UNC protestor

Orange County District Court Judge Joseph Buckner dismissed Monday a charge of disturbing the peace at an educational institution against UNC senior Haley Koch.

Koch and six others, who were not UNC students, were arrested last spring after protesting two controversial speakers. Their actions gained national attention and provoked debate about free speech and protest on university campuses.

Koch protested a talk by former U.S. Rep. Tom Tancredo, R-Colo., on April 14.

Koch’s arrest was based on a section of the N.C. General Statutes concerning disorderly conduct in educational institutions.

Buckner found that Koch’s actions did not interfere with academic activity.

The six others were arrested for disorderly conduct during a similar speech a week after Koch’s actions.

The outcome of those six cases, also decided Monday, included fines, dismissals and one being found not guilty.

Koch’s trial included the viewing of a roughly two-minute YouTube clip and the testimony of UNC Department of Public Safety officer Lt. Lawrence Twiddy, both of which chronicled the April 14 protest.

“The videotape showed so much,” said Bob Ekstrand, Koch’s lawyer. “When Haley was asked to leave, she left. That’s probably the biggest reason it could be resolved on the facts, instead of the First Amendment issue.”

The case centered solely on Koch’s actions inside the classroom during the protest. Koch held a banner and talked over a student trying to introduce Tancredo.

Twiddy’s testimony and the video showed that when asked to, Koch rolled up her banner and left the classroom.

A Supreme Court case from 1967, introduced by Ekstrand, provided important precedent when it came to defining terms like “schools” and “disrupting” in a legal context.

Chancellor Holden Thorp said he had confidence in Buckner and thought the judge made the best decision possible based on the evidence.

“I think everybody can learn from this that we need to respect different points of view,” he said.

Koch, a Morehead-Cain scholar and communication studies major, said she hopes the case inspires other activists and sets an important precedent for campus.

Thorp added that he and Koch will be meeting in a few weeks to discuss free speech issues on campus.

More than a dozen supporters gathered outside the courthouse for a rally at noon, calling for the charges to be dropped and for the disbandment of Youth for Western Civilization, the conservative student group that hosted the two protested speakers.


Contact the University Editor at udesk@unc.edu.