Sonnier v. Crain (5th Cir. July 27) has an interesting discussion, in which the Fifth Circuit panel (by a 2-to-1 vote) defers considerably to universities’ prerogatives, even without deciding that the university locations are not public fora. The appellate court upholds the trial court’s denial of a preliminary injunction of a policy that required all public assemblies or demonstrations — even organized by small groups — to get a permit (1) for which seven days’ notice was required, (2) which would only be issued to each individual or group for two hours once per week, (3) for which the applicant had to provide various personal information, and (4) which was limited to a few specific locations around campus. The court repeatedly stressed that even though some such restrictions might be unconstitutional on city sidewalks and other such places, the university had broader authority to imposed content-neutral speech restrictions on its campus.
The court did note, however, that the plaintiff might still prevail in an as-applied challenge, after more discovery. Its reasoning is also limited to content-neutral speech restrictions.
erp says:
Content neutral speech being in the eye of the beholder (or ear of the listener). There’s darn near zero speech from the right side of the political spectrum on college campuses and the left side would have to shut up completely for decades for speech to approach neutrality.
July 29, 2010, 9:08 amSarcastro says:
Yes, erp! This post about content neutral restrictions was a great time for you to write about how viewpoint can’t catch a break! There is a liberal bias in universities, and law schools and Hollywood and the media and the Elites and the Blacks!
And then the left complains about the conservative bias in politics and media and movies and the police force and the South! They’re totally wrong to try and take that victim mantle from you!
Fight the power by complaining about it!
July 29, 2010, 11:44 am