For the most part, the First Amendment guarantees free speech. But when that speech is false and aimed at inflicting economic harm, it can lead to real liability. Such was the case in Gibson’s Bakery v. Oberlin College.
As this case proved, organizations should beware of doing or saying what’s popular – before determining the truth – just to appease their constituents (customers, students, citizens). While expressing opinions is protected by the First Amendment, spreading false and negative information to appease constituents can lead to serious repercussions.
n.b. this article is about the legal analysis of the facts and law of this case, and not about any political issues.
The case arose in Oberlin, Ohio from an incident where police arrested three Black, Oberlin College students and charged one of them, Jonathan Aladin, with robbery and assault for allegedly shoplifting and injuring an employee of Gibson’s Bakery. Mr. Aladin entered a guilty plea deal in exchange for no jail time, restitution, a promise of future good behavior, and a public statement that he believed Gibson’s actions were justified and were not racially motivated.
The day after the incident, a student protest was held outside Gibson’s, which is across the street from Oberlin’s campus. Oberlin’s Vice President and Dean of Students, Meredith Raimondo, and other administrators and faculty attended the protests. Ms. Raimondo’s written job duties included her attendance at off-campus...
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