FOX v. BD. OF TRUSTEES OF STATE UNIVERSITY OF N.Y.

No. 117, Docket 87-7296.

841 F.2d 1207 (1988)

Todd FOX, Edward R. Detweiler, Stephanie Vaiano, James B. Cullen, Christine Marie Odell, Steven Gawley, Daniel Altman, Philip Jay Botwinik, Jeffrey S. Zellan, Jaclyn Bernstein, and American Future Systems, Inc., Plaintiffs, Todd Fox, Edward R. Detweiler, Stephanie Vaiano, James B. Cullen, Christine Marie Odell, Steven Gawley, Daniel Altman, Philip Jay Botwinik, Jeffrey S. Zellan, and Jaclyn Bernstein, Appellants, v. The BOARD OF TRUSTEES OF the STATE UNIVERSITY OF NEW YORK and Clifton R. Wharton, Jr., Individually and as Chancellor of the Board of Trustees and the State University of New York College at Cortland, and James M. Clark, Individually and as President of the College at Cortland, and the State University of New York at Binghamton, and Clifford D. Clark, Individually and as President of the State University of New York at Binghamton, and the State University of New York at Albany, and Vincent O'Leary, Individually and as President of the State University of New York at Albany, and the State University of New York College of Arts and Sciences at Potsdam, and Humphrey Tomkin, Individually and as President of the College of Arts and Sciences at Potsdam, Appellees.

United States Court of Appeals, Second Circuit.

Decided March 11, 1988.


Attorney(s) appearing for the Case

Henry T. Reath (Wayne A. Mack, Jr., Duane, Morris & Heckscher, Philadelphia, Pa.; Ronald H. Sinzheimer, Albany, N.Y., of counsel), for appellants.

Daniel Smirlock, Asst. Atty. Gen. (Robert Abrams, Atty. Gen. of the State of N.Y., Peter Schiff, Deputy Sol. Gen.; Nancy A. Spiegel, Asst. Atty. Gen., Albany, N.Y., of counsel), for appellees.

Lanny E. Walter, Walter, Thayer & Long, Albany, N.Y., for amicus curiae Student Ass'n of the State University of New York, Inc.

Lewis B. Oliver, Jr., Oliver & Oliver, Albany, N.Y., for amici curiae Student Ass'n of the University at Albany, University at Albany's Tenant Ass'n, Cortland College Student Ass'n.

Michael Griffinger, Crummy, Deldeo, Dolan, Griffinger & Vecchione, Newark, N.J., for amicus curiae American Future Systems, Inc.

Before OAKES, CARDAMONE and MAHONEY, Circuit Judges.


OAKES, Circuit Judge:

This case commenced when a corporation selling housewares to college students challenged a university regulation barring its access to student dormitory rooms. Initially only one student who wished to host a housewares demonstration joined the suit. He argued that the university regulation impaired his constitutional right to receive information in his dormitory room. The United States District Court for the Northern District of New York, Neal...

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