The theory of the rule, as this Court understands it, is that Troy State College is a public institution owned by the State of Alabama, that the Governor and the legislators are acting for the owner and control the purse strings, and that for that reason neither the Governor nor the Legislature could be criticized. Citations are also linked in the body of the Featured Case. On August 11, 1967, Dickey received a certified letter from Troy State College, signed by the Dean of Men, advising him that the Student Affairs Committee at said college had voted not to admit him "at this time.". Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to email this to a friend (Opens in new window), High School and College Press Freedom Awards, Student Press Law Center ⋅ 1608 Rhode Island Ave. NW, Suite 211 ⋅ Washington, D.C. 20036 USA. 9 10 11. Upon the verified complaint filed with this Court on August 16, 1967, and the matters alleged therein, this Court observed that, in cases involving suspension or expulsion of students from a tax-supported college or university, due process requires notice and some opportunity for a hearing before suspension or expulsion. It is without controversy in this case that the basis for the denial of Dickey's right to publish his editorial supporting Dr. Rose was a rule that had been invoked at Troy State College to the effect that there could be no editorials written in the school paper which were critical of the Governor of the State of Alabama or the Alabama Legislature. The imposition of such a restraint as here sought to be imposed upon Dickey and the other students at Troy State College violates the basic principles of academic and political expression as guaranteed by our Constitution. For the academic year October 1, 1975-September 30, 1976, plaintiff and Smiley followed the same procedure, executing the same contract except for a salary increase. 1963, 321 F.2d 649; and City of Montgomery, Ala. v. Gilmore, 5 Cir. 1976), cert. ", But the record discloses that the defendant's witnesses were neither parties to the plaintiff's initial teacher contracts nor privy to any negotiations or consultations between Smiley and the plaintiff. Singleton v. Board of Commissioners of State Institutions, 5 Cir. Upon the verified complaint filed with this Court on August 16, 1967, and the matters alleged therein, this Court observed that, in cases involving suspension or expulsion of students from a tax-supported college or university, due process requires notice and some opportunity for a hearing before suspension or expulsion. The rule has been referred to in this case as the "Adams Rule." The publication, entitled, `Emphasis 67, A World in Revolution,' served as the program for a series of guest speakers and panel discussions held on March 16 and 17 at the University. Except for the different term and a slight salary increase, this contract contained the same terms as the first contract. TROY STATE UNIVERSITY and Board of Trustees, Troy State University, Appellants,v.Gary Clinton DICKEY, Appellee. Alabama, (Dickey v. Alabama State Board of Education, 273 F. Supp. The defendants in this case cannot punish Gary Clinton Dickey for his exercise of this constitutionally guaranteed right by cloaking his expulsion or suspension in the robe of "insubordination." The college president prohibited Dickey from publishing the article because it violated a college rule that stated the newspaper could not criticize the Alabama governor or legislature. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients.
The potential advertisers sued the student newspaper, the University of Nebraska and other school, officials, claiming that the rejection of their ads by the state-funded student newspaper was an infringement of, Two federal courts disagreed, holding that the First Amendment protects only against actions of state, actors, those acting under the authority of the government. A state cannot force a college student to forfeit his constitutionally protected right of freedom of expression as a condition to his attending a state-supported institution.
Before BROWN, Chief Judge, DYER, Circuit Judge, and GARZA, District Judge. 1303, and its progeny: Gray v. Sanders, 1963, 372 U.S. 368, 83 S.Ct. That is just the evil we seek to avoid. Dickey had earned as of the end of the school year in June, 1967, 147 quarter hours toward a degree in English, which degree requires 192 quarter hours, according to Troy State standards. The argument by defendants' counsel that Dickey was attempting to take over the operation of the school newspaper ignores the fact that there was no legal obligation on the school authorities to permit Dickey to continue as one of its editors. Papish v. Board of Curators of the University of Missouri, 410 U.S. 667 (1973), Barbara Papish, a graduate student at the University of Missouri, distributed on campus an underground, newspaper that included a reprint of a political cartoon depicting policemen raping the Statue of Liberty and the, Goddess of Justice. The court also found that allowing Dickey to return to school would not jeopardize school discipline. The Fifth Circuit Court of Appeals upheld the right of the student editor to make an editorial judgment on, the choice of materials to go into the newspaper. press. See also Pullum v. Greene, 5 Cir. 1983), Two faculty members of Southern University of New Orleans sued three editors of the school’s newspaper, for libel when they were described as a “proven fool” and “racist” in editorials. 822 (1941): The attorney general rejected the argument that employment must begin at the beginning of the school year in order to begin earning tenure. Dickey then took the editorial to the head of the English Department at Troy State College.
newspaper was a public forum for student expression, and even though the university paid for the publication, officials could not place limitations upon the use of that forum where those limitations interfered with protected, speech and were not justified by an overriding state interest. Before confirming, please ensure that you have thoroughly read and verified the judgment. Schiff v. Williams, 519 F.2d 257 (5th Cir. Alabama, and James Garrett of Rushton, Stakely Johnston, Montgomery, Ala., for defendants. Upon being furnished the editorial on the North Carolina dogs, Dickey, as editor of The Tropolitan, determined that it was not suitable, and, acting against the specific instructions of his faculty adviser and the president of the college, arranged to *617 havewith the exception of the title, "A Lament for Dr. Rose"the space ordinarily occupied by the editorial left blank, with the word "Censored" diagonally across the blank space. Dixon v. Alabama State Board of Education, 294 F.2d 150 (5th Cir. Troy State was controlled and operated by the state of Alabama and as a consequence the state legislature determined the college’s funding.
1968, 397 F.2d 178 (1968), Carafas v. La Vallee, 1968, 391 U.S. 234, 88 S.Ct. 2d 114 (1973). State school officials cannot infringe on their students' right of free and unrestricted expression as guaranteed by the Constitution of the United States where the exercise of such right does not "materially and substantially interfere with requirements of appropriate discipline in the operation of the school."
1960, 277 F.2d 364.
In the case now before this Court, it is clear that the maintenance of order and discipline of the students attending Troy State College had nothing to do with the rule that was invoked against Dickey.
This contract was executed on behalf of Trenholm by the defendant Thad McClammy as president. 1969), The editor of the student newspaper at Fitchburg (Mass.) ", There is no issue raised here, nor was there one raised below, concerning the matter of tenure for teachers in state trade or technical schools. Courts may only consider whether rules and regulations that are imposed by school authorities are a reasonable exercise of the power and discretion vested in those authorities. From F.2d, Reporter Series. It appears that Dickey was an outstanding student, as he was also chosen as editor-in-chief of the Troy State College literary magazine; was copy editor of the college's annual student yearbook, and was editor-in-chief of the student handbook. All parties in this case concede that the editorial is well written and in good taste.
However, *618 the school and school officials have always been bound by the requirement that the rules and regulations must be reasonable.