TURNING POINT USA v. RHODES

No. 19-3016.

973 F.3d 868 (2020)

TURNING POINT USA at Arkansas State University; Ashlyn Hoggard, Plaintiffs-Appellants v. Ron RHODES, In his individual capacity (Originally named in his individual and official capacities as member of the Board of Trustees of the Arkansas State University System); Tim Langford, Dr., Individual and official capacities as member of the Board of Trustees of the Arkansas State University System; Niel Crowson, Individual and official capacities as member of the Board of Trustees of the Arkansas State University System; Stacy Crawford, Individual and official capacities as member of the Board of Trustees of the Arkansas State University System; Price C. Gardner, Individual and official capacities as member of the Board of Trustees of the Arkansas State University System; Charles L. Welch, Individual and official capacities as member of the Board of Trustees of the Arkansas State University System; Kelly Damphousse, Chancellor of Arkansas State University, in his individual and official capacities; William Stripling, Vice Chancellor for Student Affairs of Arkansas State University, in his individual and official capacities; Martha Spack, Director of Student Development and Leadership for Arkansas State University, in her individual and official capacities; Christy Clark, In her official capacity as a member of the Arkansas State University System Board of Trustees (Originally named as Ron Rhodes), Defendants-Appellees Speech First, Inc.; Young Americans for Liberty; The National Legal Foundation; Pacific Justice Institute; Cato Institute, Amici on Behalf of Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 31, 2020.


Attorney(s) appearing for the Case

Travis C. Barham , David Andrew Cortman , Alliance Defending Freedom, Lawrenceville, GA, John J. Bursch , Jonathan Caleb Dalton , Kristen Waggoner , Alliance Defending Freedom, Washington, DC, Tyson C. Langhofer , Christopher Paul Schandevel , Alliance Defending Freedom, Ashburn, VA, Ethan Christopher Nobles , Nobles Law Firm, Benton, AR, for Plaintiffs-Appellants.

Rodney Paul Moore, I , Wright & Lindsey, Little Rock, AR, Jeff Puryear , Ryan Michael Wilson , Womack & Phelps, Jonesboro, AR, for Defendants-Appellees.

John Michael Connolly , William S. Consovoy , Cameron Thomas Norris , Consovoy & McCarthy, Arlington, VA, for Amicus on Behalf of Appellants Speech First, Inc.

David A. Bruce , Silver Spring, MD, Frederick W. Claybrook, Jr. , Claybrook LLC, Washington, DC, James A. Davids , Steven W. Fitschen , National Legal Foundation, Chesapeake, VA, for Amici on Behalf of Appellants Young Americans for Liberty, The National Legal Foundation, and Pacific Justice Institute.

Clark M. Neily, III , Jay Remington Schweikert , Cato Institute, Washington, DC, for Amicus on Behalf of Appellants Cato Institute.

Before LOKEN and GRASZ, Circuit Judges, and CLARK, District Judge.


Ashlyn Hoggard and Turning Point USA sued Arkansas State University, its administrators, and its trustees for violating their rights under the Free Speech Clause of the First Amendment. The district court2 granted summary judgment to the defendants. We...

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