in last week’s opinion in Sklar v. Clough. The broader litigation, which led to this opinion, involved a Free Speech Clause challenge to Georgia Tech’s speech code, free speech zone, and activity fee funding system, and an Establishment Clause challenge to Georgia Tech’s religious speech opposing religious criticism of homosexuality. Some of the matters were settled by mediation, and some were lost by the university on the merits (though the university administrators were found to have qualified immunity and thus didn’t have to pay damages).
Georgia Tech then petitioned for reconsideration; the judge thought both (1) the factual assertions in the petition and (2) items in a Georgia Tech press release describing the earlier decision were part of a broad “lack of candor of Georgia Tech throughout the litigation of this case.” Not the sort of thing a university, especially a university as litigant, should like to hear.