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SPEECH FIRST, INC. v. SCHLISSEL

No. 18-1917.

939 F.3d 756 (2019)

SPEECH FIRST, INC., Plaintiff-Appellant, v. Mark SCHLISSEL, in his official capacity as President of the University of Michigan, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 23, 2019.

Attorney(s) appearing for the Case

ARGUED: William S. Consovoy , CONSOVOY MCCARTHY PARK PLLC, Arlington, Virginia, for Appellant. Kevin T. Baine , WILLIAMS & CONNOLLY LLP, Washington, D.C., for Appellees. ON BRIEF: William S. Consovoy , Jeffrey M. Harris , CONSOVOY MCCARTHY PARK PLLC, Arlington, Virginia, for Appellant. Kevin T. Baine , Stephen J. Fuzesi , Kathryn "Kylie" Hoover , Amy B. McKinlay , WILLIAMS & CONNOLLY LLP, Washington, D.C., Leonard M. Niehoff , HONIGMAN MILLER SCHWARTZ AND COHN LLP, Ann Arbor, Michigan, for Appellees. Thomas W. Kidd, Jr. , KIDD & URLING LLC, West Chester, Ohio, Lawrence J. Joseph , Washington, D.C., for Amici Curiae.

McKEAGUE, J., delivered the opinion of the court in which COOK, J., joined. WHITE, J. (pp. 771-76), delivered a separate dissenting opinion.

OPINION

Universities have historically been fierce guardians of intellectual debate and free speech, providing an environment where students can voice ideas and opinions without fear of repercussion. According to Speech First, the University of Michigan has not lived up to this historic ideal. Instead, Speech First...

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