Leonard JEFFRIES, Plaintiff-Appellee,
v.
Bernard HARLESTON, individually and in his official capacity as president of City College of New York, W. Ann Reynolds, individually and in her official capacity as Chancellor of City University of New York, James P. Murphy, Edith B. Everett, Herman Badillo, Sylvia Bloom, Gladys Carrion, Louis C. Cenci, Michael J. Del Guidice, Stanley Fink, William R. Howard, Harold M. Jacobs, Susan Moore Mouner, Calvin O. Pressley, and Thomas Tam, individually and in their official capacities as Trustees of City University of New York, Defendants-Appellants,
Blanche Bernstein, Defendant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued January 21, 1994.
Decided April 18, 1994.
Vacated November 14, 1994.
Decided April 4, 1995.
Attorney(s) appearing for the Case
Kathie Ann Whipple, Acting Bureau Chief, Office of Atty. Gen., State of N.Y. (Dennis C. Vacco, Atty. Gen., State of N.Y., of counsel), for defendants-appellants.
Joseph Fleming, New York City, for plaintiff-appellee.
Sheldon D. Camhy, Camhy Karlinsky & Stein, New York City, for amicus curiae Anti-Defamation League.
Kenneth S. Stern, Samuel Rabinove, Wendy Lecker, Penina Goldstein, New York City, for amicus curiae The American Jewish Committee.
Arthur L. Galub, New York City, for amicus curiae University Faculty Senate.
Henry Mark Holzer, Karen Johnson, Brooklyn, NY, for amicus curiae The Individual Rights Foundation.
Before: VAN GRAAFEILAND and McLAUGHLIN, Circuit Judges, and BURNS, District Judge.
United States Court of Appeals, Second Circuit.
McLAUGHLIN, Circuit Judge:
In Jeffries v. Harleston,21 F.3d 1238 (2d Cir.1994), we affirmed the district court's judgment that 15 university officials violated the First Amendment rights of a professor, Leonard Jeffries, by reducing his term as a department chairman because of a controversial speech (the "Albany speech") he had given off campus. Our decision rested on what we understood to be the applicable rule that the government...
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