TBA Law Blog

Posted by: Stacey Shrader Joslin on Aug 6, 2013

A panel of the Sixth Circuit U.S. Court of Appeals reinstated itinerant preacher John McGlone’s lawsuit against the University of Tennessee and ordered the school to resume allowing him to speak on campus. The decision reversed U.S. District Court Judge Thomas Phillips’ dismissal of the case. The appellate opinion found that the school has conflicting policies for approving on-campus speakers, lending plausibility to McGlone’s claims that the policies are unconstitutionally vague and violate his First Amendment rights. The editorial board of the News Sentinel today called on UT to revise its policies to remove any doubt about how campus speakers are selected. It also argued that the new policy must be "as expansive and inclusive as possible” since “colleges and universities should be free speech laboratories.”