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Fifth Circuit· 10/28/2020

Speech First, Incorporated v. Gregory Fenves

Citations

  • 979 F.3d 319

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding as “not compelling” evidence that the policymaker “lack[ed] any intention to penalize the intended conduct of [the 9 Case: 22-30236 Document: 00516709255 Page: 10 Date Filed: 04/12/2023 No. 22-30236 plaintiff’s] members”
  • noting that “the entire University community has been encouraged to and has funneled into the CCRT hundreds of wide-ranging complaints” when concluding that no compelling contrary evi- dence refuted the credible threat of enforcement
  • “[Plaintiff] must clearly show a likelihood that its . . . constitutionally protected speech is arguably proscribed, or at least arguably regulated, by the . . . [challenged] policies.”
  • “[T]his relaxed standard has not been applied to voluntary cessation by a public university.”
  • “This is not the first appeal in which a public university has had a sudden change of heart, during litigation, about the overbreadth and vagueness of its speech code, and then advocated moot- ness”
  • “These overlapping policies strongly suggest that enforcement of one produces a credible threat of enforcement of the others. Speech First has clearly shown a credible threat of enforcement of those policies upon its members.”

Source: CourtListener parenthetical corpus (CC0).

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Cited by

35 cases in this archive cite this case; the 20 most cited are listed.

Cites

44 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Speech First, Incorporated v. Gregory Fenves

2 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

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