8th Circuit upholds judgment for Arkansas State in free speech case

The 8th U.S. Circuit Court of Appeals today affirmed a lower court decision that Arkansas State University officials had immunity for denying an unregistered group’s request to set up a recruiting table on a student union patio.

The lower court had held there was no defensible reason to discriminate between registered and non-registered student groups on the use of the public forum. But the appeals court said it wasn’t clear officials understood barring a table for Turning Point USA, a conservative political group, was a constitutional violation. It said individual defendants thus were immune from damages for a constitutional violation.

ASU dropped its rules on limited public forums after the state legislature in 2019 passed a law prohibiting campuses from placing limitations on expressive activities.

That led to the dismissal of the original lawsuit. But an appeal was filed as plaintiffs sought repercussions against university officials.

Read more: https://arktimes.com/arkansas-blog/2020/08/31/8th-circuit-upholds-judgment-for-arkansas-state-in-free-speech-case