One thought on “Suing The Censors”

  1. I’ve wondered why we don’t see more 42 ยง 1983 cases in connection with these First Amendment violations. It may be that overcoming the qualified immunity that a school official would claim is a problem–not really sure. The university itself, as a state agency, likely can assert sovereign immunity. In any case, even with immunity, there’s always the possibility of injunctive relief.

    I believe that one thing that would help spur more such actions would be courts tending to strike university speech codes. Which is a little chicken-and-the-egg problem, I suppose.

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