First Amendment topicsAbout the First Amendment
News Story
 
print this   Print

5th Circuit strikes down part of university's free-speech policy

By The Associated Press
07.28.10

Editor’s note: According to The Chronicle of Higher Education, Southeastern Louisiana University announced on Aug. 3 that it was rescinding the security-fee requirement.

NEW ORLEANS — A federal appeals court said universities cannot require a security fee for speaking on campus without any guidelines for what security is needed.

The 5th U.S. Circuit Court of Appeals ruled yesterday that Southeastern Louisiana University's free-speech policy is unconstitutionally vague on that point.

Jeremy Sonnier challenged the policy after trying to evangelize individual students on Nov. 19, 2007. He was told to leave because he hadn't applied for a permit seven days earlier.

The 5th Circuit noted that Sonnier challenged five provisions of the speech policy: “(1) the seven-day notice requirement; (2) the two-hour, once-per week limitation; (3) the collection of personal information; (4) the security fee requirement; and (5) the limitation of speech to three specific locations.”

Yesterday’s majority ruling in Sonnier v. Crane rejected Sonnier’s challenges against the other provisions of the free-speech policy.

5th Circuit Judge James L. Dennis agreed with his colleagues on the three-judge panel that the security-fee provision should be struck down. Dennis went further, however, arguing that at least as applied to Sonnier, the other provisions were also unconstitutional.

Sonnier’s case will now return to the federal trial court.

First Amendment Center Online staff contributed to this report.


Previous
Tenn. school system accused of censoring religion
Alliance Defense Fund, parents file federal lawsuit, claiming Wilson County school officials censored posters for student-led prayer event. 03.05.09

Related

8th Circuit finds for Okla. man who preaches on Ark. campus

Panel: University of Arkansas at Fayetteville must revise policy imposing limits on how often off-campus groups can use school facilities. 04.17.06

Evangelist, Ky. school settle lawsuit

Murray State creates free-speech zone available to anyone who signs up; 'Brother Jim' Gilles says he has what he wants — access to preach on campus. 12.27.07

5th Circuit deals blow to La. street preacher
Three-judge panel tosses order barring enforcement of city of Zachary's disturbing-the-peace ordinance, saying lower court made procedural error in ruling statute was unconstitutional. 11.26.08

Miss. campus-speech policies questioned
At one university, you could get into trouble for saying you 'hate' a football rival; at another, for unsolicited flirting. 08.23.10

Campus speakers

News summary page
View the latest news stories throughout the First Amendment Center Online.



Last system update: Sunday, September 5, 2010 | 16:17:09
 SEARCH  MORE
About this site
About the First Amendment
About the First Amendment Center
How to contribute
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

Religious liberty in public schools
First Reports
Supreme Court
Columnists
Experts
First Amendment publications
1 for All
First Amendment Center history
Glossary
Freedom Sings™
Events
Congressional Research Service reports
Guest editorials
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links