The 'Ville Voice header image 1

Yoder vs. UofL Case Goes To The SCOTUS!

October 16th, 2013 by admin · 2 Comments

Remember Nina Yoder?

Have we mentioned that her case is headed to the Supreme Court of the United States?

No?

Here you go:


CLICK FOR PDF

Questions presented for review:

  1. Whether the Sixth Circuit contravened this Court’s longstanding First Amendment jurisprudence, creating a split between the circuits in the process, by holding that it was not “clearly established” for qualified immunity purposes that the First Amendment protects speech from content-based viewpoint discrimination simply because the speech is online and made by a university student, where the speech has not created a substantial disruption in the learning environment.
  2. Whether the Sixth Circuit contravened the well- settled precedent of this Court, creating a split between the circuits in the process, by holding that a university administrator is entitled to qualified immunity if she restricts a student’s speech on the basis that there might be some hitherto unrecognized exception to the First Amendment’s guarantee of free speech.
  3. Whether the Sixth Circuit disregarded the precedent set forth by this Court in holding it was not “clearly established” for qualified immunity purposes that a waiver of a university student’s free speech rights under the First Amendment cannot be implied by any document received by the student in the ordinary course of her studies, if that document does not clearly and unambiguously state such a waiver.

All of this because the University of Louisville got butthurt over a MySpace (remember when that was still a thing?) comment.

Wasted tax dollars galore.

This is getting fun.

Tags: Bad Behavior · Legal · University of Louisville

2 responses so far ↓

  • 1 JTT // Oct 17, 2013 at 11:48 am

    Well, they’ve asked for cert, but there is no guarantee at all that SCOTUS will accept it. They deny most of them.

  • 2 The 'Ole Highlander // Oct 17, 2013 at 12:11 pm

    JTT – you’re correct. But it’s my understanding is that one of the most usual reasons for a cert grant is when there’s a split between the circuits on a constitutional (first amendment) issue.

google

couk