GILLES v. TORGERSEN

No. 95-1307.

71 F.3d 497 (1995)

James G. GILLES, Plaintiff-Appellant, v. Paul E. TORGERSEN, Acting President, Virginia Polytechnic Institute and State University; Roland M. Wheeler, Director of University Services, Virginia Polytechnic Institute and State University; Ann Spencer, Associate Vice President for Personnel and Administrative Services, Virginia Polytechnic Institute and State University; Clarressa M. Morton, Assistant Director for Event Planning, Virginia Polytechnic Institute and State University; the Board of Visitors, Virginia Polytechnic Institute and State University; Richard M. Bagley; Joseph H. Barlow; William C. Broaddus; Henry J. Dekker; Buford L. Driskill, Jr.; Horace G. Fralin; Clifton C. Garvin, Jr.; Robert J. Grey, Jr.; Michael M. Hawes, Vice President for Finance and Administration; W. Pat Jennings, Sr.; Cecil R. Maxson, Jr., Facilities Executive Officer Corporate Facilities Manager Nations-Bank Service Corporation; Rhea F. Moore, Jr.; Rose Miles Robinson; Sue Ellen Rocovich; Robert Morgan, Student Member; Tom Goodale, Vice President for Student Affairs, Virginia Polytechnic Institute and State University, Defendants-Appellees, and Beverly H. Sgro, Dean of Students, Virginia Polytechnic Institute and State University; Jerry D. Cain, General Counsel and Special Assistant Attorney General, Virginia Polytechnic Institute and State University; James McComas, President, Virginia Polytechnic Institute and State University, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided December 19, 1995.


Attorney(s) appearing for the Case

ARGUED: J. Patrick Wiseman, Wiseman, Durst, Toddenham & Owen, Austin, Texas, for Appellant. Richard Croswell Kast, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellees. ON BRIEF: Jonathan M. Rogers, Jonathan Rogers, P.C., Roanoke, Virginia, for Appellant. James S. Gilmore, III, Attorney General of Virginia, William Henry Hurd, Deputy Attorney General, Paul J. Forch, Senior Assistant Attorney General, Office of the Attorney General, Richmond, Virginia; Jerry D. Cain, General Counsel/Special Assistant Attorney General, Kay Heidbreder, Associate General Counsel/Special Assistant Attorney General, Virginia Polytechnic Institute and State University, Blacksburg, Virginia, for Appellees.

Before ERVIN, Chief Judge, and WIDENER and WILKINSON, Circuit Judges.


Vacated and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge ERVIN and Judge WIDENER joined.

OPINION

WILKINSON, Circuit Judge:

Appellant James G. Gilles, an itinerant preacher, challenges the constitutionality of regulations under which Virginia Polytechnic Institute and State University ("Virginia Tech") prohibited Gilles from preaching at the University's drillfield. Ostensibly, Gilles was denied the opportunity...

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