UWM Post v. Board of Regents

1991

Venue: E.D.Wis.

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.

Posture: Lawsuit, presumably to enjoin enforcement.

Issue: Is this invalid because it is facially overbroad?

Holding: Why yes, yes it is.

Rule: Must be narrowly tailored.

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.

Dicta: