ALABAMA STATE BOARD OF EDUCATION v. DICKEY

No. 25507.

394 F.2d 490 (1968)

ALABAMA STATE BOARD OF EDUCATION et al., Appellants, v. Gary Clinton DICKEY, Appellee.

United States Court of Appeals Fifth Circuit.

May 10, 1968.


Attorney(s) appearing for the Case

MacDonald Gallion, Atty. Gen., Leslie Hall, Asst. Atty. Gen., James Garrett, Montgomery, Ala., James Garrett, Rushton, Stakely, Johnston & Garrett, Montgomery, Ala., Leslie Hall, Asst. Atty. Gen. of the State of Alabama, Montgomery, Ala., for appellants.

Morris Dees, Jr., George Azar, Montgomery, Ala., for appellee.

Prof. Roy Lucas, University, Ala., amicus curiæ.

Before BROWN, Chief Judge, DYER, Circuit Judge, and GARZA, District Judge.


PER CURIAM:

This case raises serious First Amendment constitutional questions regarding the power of a college in the Alabama State University system (Troy State College) to deny readmittance to a student newspaper editor who refused to follow a faculty advisor's instructions to publish an approved editorial in a student newspaper, but instead substituted and published on his own an unauthorized substitute editorial. The Trial Judge ordered Appellant Alabama State...

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