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Kincaid v Gibson - FACTUAL BACKGROUND This case centers...

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-1 FACTUAL BACKGROUND: This case centers around whether or not university faculty has the right to censor media published by students. In effect, it became a test to see if Hazelwood School Dist. v. Kuhlmeier could be applied at the university level. The case centers upon Charles Kincaid and Capri Coffer, two Kentucky State University students who were responsible for producing the bi-annual yearbook. The faculty advisor overseeing the project, Betty Gibson, was displeased with the final product and, with the blessing of KSU president Mary Smith, tried to confiscate the yearbooks. The chief complaints were the theme, length, content, and quality. The Ps then sued Gibson, Smith, and other faculty members for violating their First and Fourteenth Amendment rights. RULING: The 6th Circuit Court of Appeals ruled in favor of Kincaid and Coffer, overturning the district court's summary judgment that the yearbook was a nonpublic forum. They decided en banc that the district court had erred in their finding that the Ps
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  • Spring '07
  • LSokoloff
  • Supreme Court of the United States, First Amendment to the United States Constitution, Hazelwood v. Kuhlmeier, public forum

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