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ADF to Supreme Court: Students deserve justice in free speech suit against Georgia college (Christian Free Speech) ^ | Friday, January 31, 2020 | ADF media Staff

Posted on 02/17/2020 3:29:52 PM PST by yesthatjallen

Alliance Defending Freedom attorneys representing two former students at Georgia Gwinnett College asked the U.S. Supreme Court Friday to hear their case and vindicate their free speech rights. Two federal courts declined to address whether Gwinnett violated the students’ constitutional rights because the college modified its policies after the case was filed. Most federal courts will decide the constitutional question even if the government changes its policy because doing so prevents future misconduct and vindicates the essential freedoms that the Constitution protects.

Student Chike Uzuegbunam tried to share his Christian faith with other students on the Lawrenceville, Georgia, campus in 2016. College officials quickly stopped him because he had not reserved one of two tiny zones where free expression was allowed without a permit—zones that together made up only 0.0015% of campus. When Uzuegbunam reserved a zone and again tried to share his faith, officials again ordered him to stop because someone complained, which made his evangelization efforts “disorderly conduct” under a Gwinnett policy that applied to any expression that “disturbs the peace and/or comfort of person(s).” Student Joseph Bradford chose not to speak at all after seeing how officials treated Uzuegbunam. That’s when ADF attorneys representing the two filed the lawsuit, Uzuegbunam v. Preczewski, to challenge the college’s speech zone and speech code policies.

“Government officials shouldn’t be allowed to get away with repeatedly enforcing policies that trample students’ constitutionally protected freedoms,” said ADF Senior Counsel Travis Barham, who argued before the 11th Circuit. “The district court clarified what Georgia Gwinnett College refused to make clear—that its students now have the freedom to speak in any outdoor area of campus. But neither it nor the 11th Circuit held Gwinnett officials accountable for how they repeatedly mistreated, censored, and intimidated Chike and Joseph.”

The petition filed with the Supreme Court points out that the 11th Circuit is the only federal appellate court that leaves government officials—here, those at a public college—unaccountable for violating citizens’ constitutionally protected freedoms when those officials later change their policies during litigation.

“[T]he Eleventh Circuit’s outlier view allows these institutions to violate constitutional rights with impunity—avoiding judicial review through a well-timed policy shift,” explains the petition submitted by ADF Senior Counsel and Vice President of Appellate Advocacy John Bursch. “This rule sends a clear message to students when school officials trample their freedoms: ‘Don’t bother retaining counsel; we know how to game the legal system.’ And it signals that colleges can keep censoring students without consequence…. This Court should intervene and declare that federal courts remain open to everyone when colleges violate students’ constitutional rights.”

After the lawsuit began, Gwinnett amended its speech zone policy and eliminated its speech code but did nothing to rectify its mistreatment of the students.

“We need to ensure that the wrong done to our clients is righted—something that both the district court and the 11th Circuit failed to do,” said ADF Senior Counsel Tyson Langhofer, director of the ADF Center for Academic Freedom. “It’s our hope the Supreme Court will weigh in to make sure that this denial of justice doesn’t occur to anyone else.”

TOPICS: News/Current Events
KEYWORDS: 11thcircuit; christianity; college; eleventhcircuit; freespeech; judiciary; politicaljudiciary; scotus; supremecourt

1 posted on 02/17/2020 3:29:52 PM PST by yesthatjallen
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To: yesthatjallen
Here's the United States Court of Appeals for the Eleventh Circuit [as of February 11, 2020]:

Age	Title	        Judge	                Duty station	Born	Term of service	                Appointed by
70	Chief Judge	Edward Earl Carnes	Montgomery, AL	1950	1992–present   &2013–present	G.H.W. Bush
65	Circuit Judge	Charles R. Wilson	Tampa, FL	1954	1999–present	—	—	Clinton
58	Circuit Judge	William H. Pryor Jr. *	Birmingham, AL	1962	2004–present	—	        G.W. Bush
64	Circuit Judge	Beverly B. Martin	Atlanta, GA	1955	2010–present	—	—	Obama
58	Circuit Judge	Adalberto Jordan	Miami, FL	1961	2012–present	—	—	Obama
53	Circuit Judge	Robin S. Rosenbaum	Fort Lauderdale	1966	2014–present	—	        Obama
57	Circuit Judge	Jill A. Pryor	        Atlanta, GA	1963	2014–present	—	—	Obama
47	Circuit Judge	Kevin Newsom	     *  Birmingham, AL	1972	2017–present	—	—	Trump
52	Circuit Judge	Elizabeth L. Branch  *  Atlanta, GA	1968	2018–present	—	—	Trump
42	Circuit Judge	Britt Grant	     *  Atlanta, GA	1978	2018–present	—	—	Trump
41	Circuit Judge	Robert J. Luck	     *  Tallahassee, FL	1979	2019–present	—	—	Trump
52      Circuit Judge	Barbara Lagoa	     *  Miami, FL	1967	2019–present	—	—	Trump
39	Circuit Judge	Andrew L. Brasher    *  Montgomery, AL	1981	beg. 2020	—	—	Trump

90	Senior Circuit 	Gerald Bard Tjoflat	Jacksonville	1929	1981–2019	2019–present	Ford         &1989-1996
91	Senior Circuit  Peter T. Fay	        Miami, FL	1929	1981–1994	1994–present	Ford
83	Senior Circuit  R. Lanier Anderson III	Macon, GA	1936	1981–2009	2009–present    Carter       &1999-2002
73	Senior Circuit 	James Larry Edmondson	Jasper, GA	1947	1986–2012	2012–present	Reagan       &2002-2009
85	Senior Circuit 	Emmett Ripley Cox	Mobile, AL	1935	1988–2000	2000–present	Reagan
72	Senior Circuit 	Joel Fredrick Dubina	Montgomery, AL	1947	1990–2013	2013–present	G.H.W. Bush  &2009-2013
76	Senior Circuit 	Susan H. Black	        Jacksonville	1943	1992–2011	2011–present	G.H.W. Bush
71	Senior Circuit 	Frank M. Hull	        Atlanta, GA	1948	1997–2017	2017–present	Clinton
74	Senior Circuit 	Stanley Marcus	        West Palm Beach	1946	1997–2019	2019–present	Clinton
69	Senior Circuit 	Julie E. Carnes	        Atlanta, GA	1950	2014–2018	2018–present	Obama

& denotes Chief Judge of the Court
* denotes Federalist Society member
# denotes Federalist Society associate

2 posted on 02/17/2020 5:29:35 PM PST by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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To: yesthatjallen

Massive lawsuit, take their money, its all they understand. Meanwhile the Georgia Board of Regents which controls public universities in Georgia stand stone cold silent. Disgusting.

3 posted on 02/17/2020 6:19:15 PM PST by Midwesterner53
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