Opinion

Sinn v. Daily Nebraskan

  • 829 F.2d 662
  • 41 Educ. L. Rep. 1273
Court
Court of Appeals for the Eighth Circuit
Filed
Sep 25, 1987
Status
Published
Author
Heaney
On the bench
Gibson, Heaney, Magill
Cited by
1 cases
Authority
More cited than 19.7%

The opinion

HEANEY, Circuit Judge,

concurring.

I concur in the result. Here, as in the Fifth Circuit case, Mississippi Gay Alliance v. Goudelock, 536 F.2d 1073 (5th Cir. 1976), cert, denied, 430 U.S. 982 , 97 S.Ct. 1678 , 52 L.Ed.2d 377 (1977), there is no evidence that university authorities had anything to do with the rejection of the ads. The record rather supports the view that the editors chosen by the student body exercised their discretion in rejecting them. Under these circumstances, as the Fifth Circuit noted, the first amendment interdicts judicial interference with the editorial decision. Had the editors decided to publish the ads, and had that publication been prohibited by university authorities, we would have another case and a reversal would be required.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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