AMERICAN FUTURE SYSTEMS v. PA. STATE UNIVERSITY

No. 79-1440.

618 F.2d 252 (1980)

AMERICAN FUTURE SYSTEMS, INC., Appellant, v. The PENNSYLVANIA STATE UNIVERSITY and Board of Trustees of the Pennsylvania State University and John W. Oswald, Individually and as President of the Pennsylvania State University and M. Lee Upcraft, Individually and as Director of Residential Life Programs of the Pennsylvania State University.

United States Court of Appeals, Third Circuit.

Decided April 3, 1980.

Rehearing and Rehearing Denied April 29, 1980.


Attorney(s) appearing for the Case

Bernard G. Segal, James D. Crawford (argued), Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellant.

Seth F. Kreimer, Fine, Kaplan & Black, Philadelphia, Pa., for American Civil Liberties Foundation, amicus curiae; Thomas B. Harvey, American Civil Liberties Foundation, Philadelphia, Pa., of counsel.

David Carliner, Carliner & Gordon, Washington D. C., for U. S. Student Ass'n, amicus curiae.

Delbert J. McQuaide (argued), R. Mark Faulkner, McQuaide, Blasko & Brown, Inc., State College, Pa., for appellees.

Before SEITZ, Chief Judge, and VAN DUSEN and WEIS, Circuit Judges.


Rehearing and Rehearing En Banc Denied April 29, 1980.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

Plaintiff, American Future Systems, Inc. (AFS), challenges on this appeal the Pennsylvania State University (Penn State) regulation forbidding sales demonstrations and solicitations in the university owned and operated residence halls. AFS asserts that the First and Fourteenth Amendments prohibit such a policy. After a trial to the court based on...

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