One thought on “Suing The Censors”

  1. I’ve wondered why we don’t see more 42 § 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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