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AMERICAN FUTURE SYSTEMS v. PA. STATE UNIVERSITY

No. 83-3412.

752 F.2d 854 (1984)

AMERICAN FUTURE SYSTEMS, INC., Steven Brubaker, Richard J. Wingert, W. Bruce Del Valle, John D. Varsics, Dennis C. Habacher, John B. Spiller, Kathy Johnson, Kevin Graves, Appellees, v. The PENNSYLVANIA STATE UNIVERSITY, Board of Trustees of the Pennsylvania State University, John W. Oswald, individually and as President of the Pennsylvania State University, M. Lee Upcraft, individually and as Director of Residential Life Programs of the Pennsylvania State University, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 28, 1984.

Rehearing and Rehearing Denied February 6, 1985.

Attorney(s) appearing for the Case

Henry T. Reath (argued), James T. Moughan, Duane, Morris & Heckscher, Philadelphia, Pa., for appellees.

Delbert J. McQuaide (argued), R. Mark Faulkner, McQuaide, Blasko, Schwartz, Fleming & Faulkner, Inc., State College, Pa., for appellants.

Carl N. Martin, II, Philadelphia, Pa., for amici curiae — Com. Ass'n of Students.

Virginia Lynn Hogben, Philadelphia, Pa., for amicus curiae — American Civil Liberties Foundation of Pa.

Before ADAMS and BECKER, Circuit Judges, and SAROKIN, District Judge.

Rehearing and Rehearing In Banc Denied February 6, 1985.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal presents an important first amendment question concerning the power of a state university to regulate activities in student dormitories that it operates in conjunction with its educational programs. Specifically, we are confronted with a challenge to the constitutionality of a regulation enacted...

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