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In 8-1 SCOTUS Ruling, Chief Justice John Roberts Is The Only One To Side Against Christian Students Whose Free Speech Was Trampled
The Federalist ^ | 03/09/2021 | Jordan Davidson

Posted on 03/09/2021 7:12:42 AM PST by SeekAndFind

Chief Justice John Roberts was the only dissenter in the U.S Supreme Court’s most recent ruling favoring a couple of Christian students who challenged their university for restricting when, where, and how they could speak about their faith and disseminate materials on campus.

Today's 8-1 decision in Uzuegbunam v. Preczewski marks the first time Chief Justice John Roberts has ever been the sole dissenting justice during his entire tenure. https://t.co/6Ux9HvXiDL

— SCOTUSblog (@SCOTUSblog) March 8, 2021

Uzuegbunam et al. v. Preczewski et al. first materialized after Chike Uzuegbunam, a student at Georgia Gwinnett College, was stopped by campus police for handing out religious materials on campus, a reported violation of the school’s “Freedom of Expression Policy,” which limited distributions and other expressions to free speech zones only with permission from the administration. Even after Uzuegbunam moved to the designated areas with permission, however, campus police attempted to stop him from speaking and handing out religious literature, prompting him and another student, Joseph Bradford, to take legal action against the university for violating their First and 14th Amendment rights and seek nominal damages.

The students’ attempts to sue the school, however, were shot down by both a district court and the U.S. Court of Appeals for the 11th Circuit after Georgia Gwinnett College changed its “Freedom of Expression” policy to remove barriers on when and where students could speak on campus and filed a motion to dismiss the case as moot. The Supreme Court took up the case after Uzuegbunam and Bradford noted that their rights were still violated no matter what the university modified its policy to reflect and still required a ruling on nominal damages.

Justice Clarence Thomas authored the opinion of the court, agreeing with the students’ case.

“Applying this principle here is straightforward. For purposes of this appeal, it is undisputed that Uzuegbunam experienced a completed violation of his constitutional rights when respondents enforced their speech policies against him. Because ‘every violation [of a right] imports damage,’ Webb, 29 F. Cas., at 509, nominal damages can redress Uzuegbunam’s injury even if he cannot or chooses not to quantify that harm in economic terms,” Thomas concluded.

Roberts, however, in his first solo dissent, wrote that the court was acting as “a moot court” in deciding this case and their ruling.

“When plaintiffs like Uzuegbunam and Bradford allege neither actual damages nor the prospect of future injury, an award of
nominal damages does not change their status or condition at all. Such an award instead represents a judicial determination that the plaintiffs’ interpretation of the law is correct — nothing more,” Roberts stated.


Jordan Davidson is a staff writer at The Federalist. She graduated from Baylor University where she majored in political science and minored in journalism.


TOPICS: Constitution/Conservatism; Government; News/Current Events; Philosophy
KEYWORDS: christianstudents; college; freespeech; johnroberts; johnrobertsdissent; justiceroberts; robertsdissent; scotus
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1 posted on 03/09/2021 7:12:42 AM PST by SeekAndFind
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To: SeekAndFind

Who owns Roberts?


2 posted on 03/09/2021 7:15:07 AM PST by ConservativeInPA (“When injustice becomes law, resistance becomes duty.” ― Thomas Jefferson)
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To: SeekAndFind

Of Republicans ever get enough senators, Roberts needs to be impeached and replaced.


3 posted on 03/09/2021 7:15:29 AM PST by Nathan _in_Arkansas (Shut the deuce up!!! I'll do the fighting!!!)
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To: SeekAndFind

Roberts is a dumbass.


4 posted on 03/09/2021 7:15:33 AM PST by VeniVidiVici (Biden's favorite word: What?)
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To: SeekAndFind

W Bush appointee.


5 posted on 03/09/2021 7:16:20 AM PST by setter
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To: SeekAndFind

Roberts ought to be mooted.


6 posted on 03/09/2021 7:17:07 AM PST by Buttons12 ( )
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To: SeekAndFind

This is surprising since Roberts relishes in being the swing vote, the “New Kennedy.”


7 posted on 03/09/2021 7:17:39 AM PST by fwdude (Pass up too many hills to die on, and you will eventually fall off the edge of the world.)
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To: SeekAndFind
Such an award instead represents a judicial determination that the plaintiffs’ interpretation of the law is correct — nothing more,” Roberts stated.

Hmmm. So to take this a step further, the SC itself is moot as it is SUPPOSED to determine if the "interpretation of the law is correct".

8 posted on 03/09/2021 7:17:51 AM PST by VeniVidiVici (Biden's favorite word: What?)
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To: SeekAndFind
"Such an award instead represents a judicial determination that the plaintiffs’ interpretation of the law is correct"

Someone needs to remind him thats his friggin job!
9 posted on 03/09/2021 7:18:24 AM PST by 100%FEDUP (I'm seeing RED!)
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To: SeekAndFind

Even the wise Latinx was in on this one? Strange times....


10 posted on 03/09/2021 7:19:54 AM PST by bigdaddy45
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To: setter

The apple doesn’t fall far from the horse.


11 posted on 03/09/2021 7:20:20 AM PST by Hieronymus (“I shall drink to the Pope, if you please, still, to conscience first, and to the Pope afterwards.”)
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To: ConservativeInPA

I don’t know. But remember now Muslims can hand out religious stuff too. I might have voted no too.


12 posted on 03/09/2021 7:20:47 AM PST by napscoordinator (Trump/Hunter, jr for President/Vice President 2016 )
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To: ConservativeInPA

Lin woods File on Roberts is pretty incredible

If even .01% is true this guy needs to step down yesterday

But of course with the swamp being the swamp , and the favored few can commit Felony murder and whatever Mayhem they want and get away with it nothing will happen


13 posted on 03/09/2021 7:20:49 AM PST by Truthoverpower (Fraud !!! Now we’re off the TRUMP TRAIN and on the Swamp express to communist hell !! TRUTH! )
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To: SeekAndFind

And in other news, a review has uncovered evidence of 20 000 illegal adoptions in Ireland, but their government has decided not to investigate further.


14 posted on 03/09/2021 7:21:23 AM PST by Jim Noble (In times of universal deceit, telling the truth is a revolutionary act)
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To: setter
-- W Bush appointee. --

We could have had Harriet Miers.

15 posted on 03/09/2021 7:22:33 AM PST by Cboldt
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To: SeekAndFind

Roberts has a serious illness, the President has progressive dementia, The Dems have a majority in Congress.

No wonder I drink :) I know how the band felt and the old men at the bar felt on the Titanic.


16 posted on 03/09/2021 7:22:49 AM PST by 1Old Pro
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To: SeekAndFind

John Roberts...yet another “gift” to the country from George W. Bush.


17 posted on 03/09/2021 7:23:16 AM PST by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: Cboldt

She couldn’t have been any worse.


18 posted on 03/09/2021 7:24:08 AM PST by dfwgator (Endut! Hoch Hech!)
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To: Hieronymus

Well stated!


19 posted on 03/09/2021 7:25:25 AM PST by sasquatch
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To: Nathan _in_Arkansas

Of Republicans ever get enough senators, Roberts needs to be impeached and replaced.

**************

NEVER happen. Republicans are too weak to do the right thing.


20 posted on 03/09/2021 7:29:19 AM PST by Starboard
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