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KINCAID v. GIBSON

No. 98-5385.

191 F.3d 719 (1999)

Charles KINCAID, individually and on behalf of all others similarly situated, and Capri Coffer, individually and on behalf of all others similarly situated, No. 98-5385 Plaintiffs-Appellants, v. Betty GIBSON, individually and in her official capacity as Vice President of Student Affairs of Kentucky State University; Mary Smith, individually and in her official capacity as President of Kentucky State University; Dr. William Parker, George H. Helton, Robert E. Ison, Valinda E. Livingston, Veleria Shavers, Dr. Richard Taylor, Michele C. Coleman, M. Anthony Howard, Joyce Ann Johnson, Dr. Anthony T. Remson, and Curtis D. Sullivan, all individually and in their official capacities as Regents of Kentucky State University, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 8, 1999.

Attorney(s) appearing for the Case

Winter R. Huff (briefed), Law Offices of John G. Prather, D. Bruce Orwin (argued and briefed), Somerset, KY, Plaintiffs-Appellants.

Richard M. Goehler (briefed), Frost & Jacobs, LLP, Cincinnati, OH, for Student Press Law Center.

Ann K. Benfield (briefed), Louisville, KY, for American Civil Liberties Union, American Civil Liberties Union of Kentucky, American Association of University Professors, The Thomas Jefferson Center for the Protection of Free Expression, National Campaign for the Freedom of Expression, National Coalition Against Censorship and National Council of Teachers of English.

Lucy A. Dalglish (briefed), Dorsey & Whitney, LLP, Minneapolis, MN, for The Society of Professional Journalists, The American Society of Newspaper Editors and The Reporters Committee for Freedom of the Press and the National Federation of Press Women.

J. Guthrie True (argued and briefed), Johnson, Judy, True & Guarnieri, Frankfort, NY, for Betty Gibson.

Before: RYAN, NORRIS, and COLE, Circuit Judges.

NORRIS, J., delivered the opinion of the court, in which RYAN, J., joined. COLE, J. (pp. 730-32), delivered a separate opinion concurring in part and dissenting in part.

OPINION

ALAN E. NORRIS, Circuit Judge.

Plaintiffs Charles Kincaid and Capri Coffer challenge Kentucky State University ("KSU") officials' ban on the distribution of KSU's 1992-94 yearbook and the officials' alleged attempt to influence the content of the school newspaper. Plaintiffs...

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