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SPEECH FIRST, INC. v. FENVES

No. 19-50529.

979 F.3d 319 (2020)

SPEECH FIRST, INCORPORATED, Plaintiff-Appellant v. Gregory L. FENVES, In His Official Capacity as President of the University of Texas at Austin, Defendant-Appellee

United States Court of Appeals, Fifth Circuit.

Revised October 30, 2020.

Attorney(s) appearing for the Case

William S. Consovoy , Jeffrey Matthew Harris , Cameron Thomas Norris , Consovoy McCarthy P.L.L.C., Arlington, VA, for Plaintiff-Appellant.

Allyson Newton Ho , Russell Harris Falconer , Attorney, Gibson, Dunn & Crutcher, L.L.P., Dallas, TX, Adam Warren Aston , Jackson Walker, L.L.P., Austin, TX, Charles Lynde Babcock , Jackson Walker, L.L.P., Houston, TX, for Defendant-Appellee.

JT Morris , JT Morris Law, P.L.L.C., Austin, TX, for Amicus Curiae Foundation for Individual Rights in Education.

Kimberly S. Hermann , Southeastern Legal Foundation, Roswell, GA, for Amicus Curiae Southeastern Legal Foundation.

Timothy Mason Sandefur , Goldwater Institute, Phoenix, AZ, for Amicus Curiae Goldwater Institute.

Ilya Shapiro, Esq. , Cato Institute, Washington, DC, for Amicus Curiae Cato Institute.

Robert E. Henneke , Texas Public Policy Foundation, Austin, TX, for Amicus Curiae Texas Public Policy Foundation.

Gordon D. Todd , Robin Wright Cleary , Attorneys, Sidley Austin, L.L.P., Washington, DC, for Amicus Curiae Alliance Defending Freedom.

Timothy R. Snowball , Attorney, Pacific Legal Foundation, Sacramento, CA, for Amicus Curiae Pacific Legal Foundation.

Erik Scott Jaffe, Esq. , Schaerr Jaffe, L.L.P., Washington, DC, for Amici Curiae American Council of Trustees and Alumni, and Independent Women's Forum.

Before KING, JONES, and COSTA, Circuit Judges.

On behalf of a group of students, Speech First, Inc., appeals the dismissal of its First and Fourteenth Amendment challenges to several policies that intend to regulate speech at the University of Texas at Austin. After Speech First sought a preliminary injunction against enforcement of these policies, and the University...

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