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(Ann Speaking) | ||||||
MAIN PATH: Malik | |||||||
I can't agree. The judge made his decision on the basis of current
First Amendment doctrine, but he didn't consider all the relevant
facts. In particular, he didn't consider the special circumstances
of the university. And I believe he could have on the basis of
several precedents.
Other courts have allowed that lower level public schools can adopt rules that restrict student speech when that speech disrupts the educational process. This judge could have extended that line of argument to state universities. Of course, the exception he carved out should have been narrow. I have no problem with that. But it was arbitrary for him to completely disregard the possibility that some speech can disrupt the main goals of the university.
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