JUSTICE FOR ALL v. FAULKNER

No. 04-50335.

410 F.3d 760 (2005)

JUSTICE FOR ALL, Jeremy Alder, A.E. Smith, Plaintiffs-Appellees, v. Larry FAULKNER, Dr., individually and in his official capacity as President of the University of Texas at Austin; Mark Yudof, individually and in his official capacity as Chancellor of the University of Texas System; Cullen M. Godfrey, individually and in his official capacity as Vice-Chancellor of the University of Texas System; James W. Vick, Dr., individually and in his official capacity as Vice President for Student Affairs of the University of Texas at Austin; Joe A. Powell, individually and in his official capacity as Associate Vice President of the Employee and Campus Services of the University of Texas at Austin; Teresa Graham Brett, individually and in her official capacity as Associate Vice President of Student Affairs and Dean of Students of the University of Texas at Austin; Cheryl Wood, individually and in her official capacity as Senior Student Affairs Administrator of the University of Texas at Austin; Jeffery Van Slyke, individually and in his official capacity as Police Chief of the University of Texas at Austin Police Department; Charles Miller, individually and in his official capacity as Chairman of the Board of Regents of the University of Texas System; Rita C. Clements, individually and in her official capacity as the Vice Chairman of the Board of Regents of the University of Texas System; Woody L. Hunt, individually and in his official capacity as the Vice Chairman of the Board of Regents of the University of Texas System; Francie A. Frederick, individually and in her official capacity as Counsel and Secretary of the Board of Regents of the University of Texas System; Robert A. Estrada, individually and in his official capacity as a member of the Board of Regents of the University of Texas System; Judith L. Craven, Dr., individually and in her official capacity as a member of the Board of Regents of the University of Texas System; Cyndi Taylor Krier, individually and in her official capacity as a member of the Board of Regents of the University of Texas System; H. Scott Caven, Jr., individually and in his official capacity as a member of the Board of Regents of the University of Texas System; James Richard Huffines, Jr., Dr., individually and in his official capacity as a member of the Board of Regents of the University of Texas System; John W. Barnhill, individually and in his official capacity as a member of the Board of Regents of the University of Texas System, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 27, 2005.


Attorney(s) appearing for the Case

Gary S. McCaleb (argued), Benjamin W. Bull, Jordan W. Lorence, Joshua William Carden, Alliance Defense Fund, Scottsdale, AZ, for Plaintiffs-Appellees.

Don Cruse (argued), Austin, TX, for Defendants-Appellants.

Before JOLLY, DAVIS and CLEMENT, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

The University of Texas at Austin ("the University") is the flagship campus of the University of Texas System. Justice For All ("JFA") is a student anti-abortion group at the University. JFA brought this action challenging the University's "Literature Policy", which requires that all printed materials distributed on campus bear the name of a university-affiliated person or organization responsible...

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