Written by Don Byrd
The policy of Tennessee Tech University requiring a 2 week advance notice and message approval from university officials violated the constitutional rights of John McGlone, who sought access to campus to evangelize, according to a decision yesterday by the 6th Circuit Court of Appeals. The ruling reverses the trial court’s dismissal of the case. 14 days is an unreasonable restriction, the court said, the “chilling effect” on McGlone was sufficient injury to allow him to bring the suit, and the permit process was flawed.
Appellant argues that TTU’s permit, which requires individuals and small groups to submit information about their identity and about the program purpose is an unconstitutional restriction. TTU’s form asks for the “Program Purpose.” The form asks for the name and topic of the speaker. It also requires an applicant to indicate whether the speech is “political” or “religious.”Appellant argues that the only reason TTU requires such information is to discriminate on the basis of content, specifically to deny applicants or raise security costs in anticipation of the concerns about a given message. Appellant argues that there is no reason for TTU to inquire as to whether a message is “religious” or “political.” Appellant claims that he is hesitant to disclose such information and would like to engage in anonymous speech.
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Here, Appellees have failed to meet their burden in defending the policy. Appellees have not specified the “significant interests,” nor have they elaborated on an “educational mission.” They have not explained how the policy at issue maintains order or prevents interruption of an educational mission. Appellees have failed to show that the policy is narrowly tailored.
The Tennessean has more here.
