The Association for the Humane Treatment of Mental Illness (AHTMI) at Open House University is a recognized campus organization and has requested facility space to bring Norman Maine, an advocate for the rights of mentally ill. He is new to the speaker circuit, so youas Dean of Studentsare not sure of his tactics.

Two days before Maine's speech on your campus, AHTMI set up a table in "Free Speech Alley," where student organizations are allowed to have table displays. Ten members have bullhorns and are running around in straight jackets yelling at passersby that they don't understand the plight of the mentally ill. Your campus speech code disallows students from "engaging in speech that is directed at someone with the intent of upsetting them."

As Dean of Students, you order the students to pack up and stop their demonstration. You also inform them that Mr. Maine is no longer welcome to speak on the campus.

The ACLU contacts you the next day, stating that you violated the First Amendment rights of the AHTMI as well as Mr. Maine. Who do you think is right? The ACLU or the Dean of Students? Give a full explanation of your reasoning and cite relevant law and case precedent, exploring each legal issue presented in this scenario.

Answer rating: 100% (QA)

In this scenario there are several legal issues at play including freedom of speech under the First Amendment and the application of the campus speech ... View the full answer