SPEECH FIRST, INC. v. SANDS

No. 21-2061.

69 F.4th 184 (2023)

SPEECH FIRST, INC., Plaintiff-Appellant, v. Timothy SANDS, in his individual capacity and official capacity as President of Virginia Polytechnic Institute and State University, Defendant-Appellee. Southeastern Legal Foundation; Liberty Justice Center; Cato Institute; American Council of Trustees and Alumni; Foundation for Individual Rights in Education; Alliance Defending Freedom, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 31, 2023.


Attorney(s) appearing for the Case

ARGUED: James Hasson , CONSOVOY MCCARTHY PLLC, Arlington, Virginia, for Appellant. William H. Hurd , ECKERT SEAMANS CHERIN & MELLOTT, LLC, Richmond, Virginia, for Appellee. ON BRIEF: J. Michael Connolly , Cameron T. Norris , CONSOVOY McCARTHY PLLC, Arlington, Virginia, for Appellant. Matthew B. Kirsner , Richmond, Virginia, Michael McAuliffe Miller , Renee Mattei Myers , Harrisburg, Pennsylvania, Jessica A. Glajch , ECKERT SEAMANS CHERIN & MELLOTT, LLC, Washington, D.C., for Appellee. Celia Howard O'Leary , Kimberly S. Hermann , SOUTHEASTERN LEGAL FOUNDATION, Roswell, Georgia, for Amicus Southeastern Legal Foundation. Ilya Shapiro , Thomas A. Berry , CATO INSTITUTE, Washington, D.C.; Reilly Stephens , Daniel Suhr , Jeffrey Jennings , LIBERTY JUSTICE CENTER, Chicago, Illinois, for Amici Liberty Justice Center, Cato Institute, and American Council of Trustees and Alumni. Darpana M. Sheth , Ronald London , Jeffrey D. Zeman , FOUNDATION FOR INDIVIDUAL RIGHTS IN EDUCATION, Philadelphia, Pennsylvania, for Amicus Foundation for Individual Rights in Education. Gordon D. Todd , Mackenzie J. Siebert , Robert M. Smith , SIDLEY AUSTIN LLP, Washington, D.C.; John J. Bursch , Cody S. Barnett , ALLIANCE DEFENDING FREEDOM, Washington, D.C., for Amicus Alliance Defending Freedom.

Affirmed by published opinion. Senior Judge Motz wrote the opinion, in which Judge Diaz joined. Judge Wilkinson wrote a dissenting opinion.


Speech First, Inc., which identifies itself as a national organization committed to protecting the rights of college students, initiated this action against Timothy Sands, the President of the Virginia Polytechnic Institute and State University (Virginia Tech or the University). Speech First asserts that...

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