Venue: |
E.D.Wis.
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Facts: |
The UW "Design for Diversity" includes speech restrictions. The
restriction is crafted by the Law School, apparently, and
requires intent to demean or intimidate. There have been at
least 9 instances where students were sanctioned. |
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Posture: |
Lawsuit, presumably to enjoin enforcement. |
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Issue: |
Is this invalid because it is facially overbroad? |
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Holding: |
Why yes, yes it is. |
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Rule: |
Must be narrowly tailored. |
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Reasoning: |
1A generally protects against contend-based regulation, but not 100%.
There's the fighting words doctrine. But this rule restricts
discriminatory speech regardless of whether it's likely to start
a fight. |
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Dicta: |
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