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JOYNER v. WHITING

No. 72-1630.

477 F.2d 456 (1973)

Johnnie Edward JOYNER, Individually and as Editor-in-Chief of the Campus Echo; Harvey Lee White, Individually and as President of the Student Government Association; and both of them in behalf of all persons similarly situated, Appellants, v. Albert N. WHITING, President of North Carolina Central University, individually and in his official capacity, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 10, 1973.

Attorney(s) appearing for the Case

Professor Daniel H. Pollitt, Chapel Hill, N. C. (Norman B. Smith, Smith, Patterson, Follin & Curtis, Greensboro, N. C., James V. Rowan, and Paul, Keenan & Rowan, Durham, N. C., on brief), for appellants.

Burley B. Mitchell, Jr., Asst. Atty. Gen. (Robert Morgan, Atty. Gen. of North Carolina, on brief), for appellee.

John R. Jordan, Jr., Raleigh, N. C. (Jordan, Morris & Hoke, Raleigh, N. C., on brief), amicus curiae, Board of Governors of University of North Carolina; Professor William W. Van Alstyne, Durham, N. C., amicus curiae.

Before HAYNSWORTH, Chief Judge, and BUTZNER and FIELD, Circuit Judges.

BUTZNER, Circuit Judge:

Johnnie Edward Joyner, editor of the Campus Echo, the official student newspaper of North Carolina Central University, and Harvey Lee White, president of the university's student government association, appeal from an order of the district court, which (a) denied their application for declaratory and injunctive relief to secure reinstatement of financial support for the Echo, and (b) permanently enjoined Albert N. Whiting, president...

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