SPEECH FIRST, INC. v. CARTWRIGHT

No. 21-12583.

32 F.4th 1110 (2022)

SPEECH FIRST, INC., Plaintiff-Appellant, v. Alexander CARTWRIGHT, in his individual capacity and his official capacity as President of the University of Central Florida, Defendant-Appellee, Dana Juntenen, in her official capacity as Director of the University of Central Florida Office of Student Rights and Responsibilities and Assistant Dean of Students, et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

Filed: May 2, 2022.


Attorney(s) appearing for the Case

Cameron Thomas Norris , John Michael Connolly , James F. Hasson , Daniel Joseph Shapiro , Consovoy McCarthy, PLLC, Arlington, VA, for Plaintiff-Appellant.

Alexander R. Bilus , Joshua W. B. Richards , Counsel, Tricia Marie Kazinetz , Saul Ewing Arnstein & Lehr, LLP, Philadelphia, PA, Steven Myer Appelbaum , Saul Ewing Arnstein & Lehr, LLP, Miami, FL, for Defendant-Appellee.

Michael Lee Francisco , McGuireWoods, LLP, Washington, DC, Mathew Hoffmann , Alliance Defending Freedom, Lansdowne, VA, for Amicus Curiae Alliance Defending Freedom.

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

Ronald London , Foundation for Individual Rights in Education, Faculty Legal Defense Fund, Washington, DC, for Amicus Curiae Foundation for Individual Rights in Education.

Erik S. Jaffe , Schaerr Jaffe, LLP, Washington, DC, for Amicus Curiae Independent Women's Law Center & American Council of Trustees and Alumni.

Jeffrey Jennings , Liberty Justice Center, Chicago, IL, for Amicus Curiae Liberty Justice Center.

Kimberly Stewart Hermann , Southeastern Legal Foundation, Inc., Roswell, GA, Celia Howard O'Leary , Southeastern Legal Foundation, Roswell, GA, for Amicus Curiae Southeastern Legal Foundation.

Before Newsom and Marcus, Circuit Judges, and Story, District Judge.


The Court sua sponte VACATES its prior opinion, published at 2022 WL 1192438 (11th Cir. Apr. 21, 2022), and substitutes the following in its place.

* * *

In this appeal from the denial of a request for a preliminary injunction, we are asked to decide whether two speech-related policies promulgated...

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