Posted on 08/06/2023 7:41:46 AM PDT by CFW
Public college administrators 2,700 miles apart are trying to escape legal responsibility for what some courts are calling potential viewpoint discrimination against campus chapters of the same nationwide conservative group.
The 9th U.S. Circuit Court of Appeals made that harder for California's Clovis Community College Thursday by refusing to moot the First Amendment lawsuit against several officials by former students in its Young Americans for Freedom chapter. The question of mootness was brushed aside by the court, because even though the college being sued rescinded their "Flyer Policy" at issue, the matter was capable of repetition yet avoiding judicial review.
That leaves in place last fall's preliminary injunction against its since-rescinded policy that was used to remove anticommunist flyers and banish pro-life flyers to a remote "free speech kiosk" after a lengthy approval delay.
(Excerpt) Read more at justthenews.com ...
“The question of mootness was brushed aside by the court, because even though the college being sued rescinded their “Flyer Policy” at issue, the matter was capable of repetition yet avoiding judicial review.”
NYC, I think, used this trick on the Supreme Court, and THEY FELL FOR IT. They said something like: “Throw out this gun law case, since we removed that gun law from our books”. And the bastards on the Court did just that, as the case was filed BEFORE Trump got his people on the Court.
I don’t normally cheer for the 9th Circuit, but the above invites HUGE ABUSE of the legal system. Once a case is entered into the system, it has to be completed, unless there is a LEGITIMATE REASON to allow it to be pulled (such as a similar case already being ruled upon). Other than that, defendants, particularly government defendants, can play Whack-a-Mole indefinitely - thereby delaying a negative ruling and eventually causing the plaintiff to run out of money.
Interesting...YAF is great...Colleges can’t shut down free speech. Yes, I know liberal snowflakes hate free speech, but REAL AMERICANS love it...
I don’t think this is good enough. I think any and every School that restricts or censors free speech, especially one that gets smacked down by the Courts, should LOSE ALL TAXPAYER funds for 5 years, so they can get their act together.
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