First Amendment Repealed For Students

A report in the Chronicle of Higher Education states that the 10th Circuit Court of Appeals ruled against the former editors of the student newspaper at Kansas State University in a First Amendment case:

“The students asserted that the university had violated their First Amendment rights by removing their faculty adviser from the newspaper staff following criticism of the Collegian’s coverage of minority issues.

The judges ruled that the plaintiffs’ status as graduates made their claims moot because, as alumni, they are not subject to censorship by the university.”

What an atrocious ruling. How can a First Amendment violation be wiped away just because the victim’s academic status has changed? There was still a violation. This ruling would effectively repeal the First Amendment for students because in almost every case the student will have graduated before the case comes to trial. Knowing that, the university would be able to censor students with impunity.

Would this ruling extend to victims of racial discrimination who graduate before the court rules? Would it extend to employees of a company whose rights were violated if they no longer worked for the company when the trial took place? Would every violation of the Constitution be rendered moot just because the relationship between the victim and the violator had changed?

This ruling by a three member panel of the 10th Circuit is nothing but an unconstitutional constriction of long-held civil liberties. It is an attempt to repeal the Bill of Rights. It must be struck down by the full court, or the Supreme Court, without ambiguity.

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