HERSHEY v. JASINSKI

No. 22-1826, No. 22-1941, No. 22-2236.

86 F.4th 1224 (2023)

Richard HERSHEY, Plaintiff-Appellee v. Dr. John JASINSKI, President of Northwest Missouri State University, in his official capacity, Defendant-Appellant Dr. Jay Johnson, Interim Director of Northwest Missouri State University, Kansas City Campus, in his official capacity, Defendant Dr. Pat Harr, Member of the Board of Regents of Northwest Missouri State University, in his official capacity; Dr. Marilou Joyner, Member of the Board of Regents of Northwest Missouri State University, in her official capacity; Jason Klindt, Member of the Board of Regents of Northwest Missouri State University, in his official capacity; John Moore, Member of the Board of Regents of Northwest Missouri State University, in his official capacity; Deborah Roach, Member of the Board of Regents of Northwest Missouri State University, in her official capacity; Richard Smith, Member of the Board of Regents of Northwest Missouri State University, in his official capacity; George Speckman, Member of the Board of Regents of Northwest Missouri State University, in his official capacity; Roxanna Swaney, Member of the Board of Regents of Northwest Missouri State University, in her official capacity; Melissa Evans, Member of the Board of Regents of Northwest Missouri State University, in her official capacity; Lt. Anthony Williams, Police Officer for Northwest Missouri State University, in his individual and official capacity, Defendants-Appellants Richard Hershey, Plaintiff-Appellant v. Dr. John Jasinski, President of Northwest Missouri State University, in his official capacity, Defendant-Appellee Dr. Jay Johnson, Interim Director of Northwest Missouri State University, Kansas City Campus, in his official capacity, Defendant Dr. Pat Harr, Member of the Board of Regents of Northwest Missouri State University, in his official capacity; Dr. Marilou Joyner, Member of the Board of Regents of Northwest Missouri State University, in her official capacity; Jason Klindt, Member of the Board of Regents of Northwest Missouri State University, in his official capacity; John Moore, Member of the Board of Regents of Northwest Missouri State University, in his official capacity; Deborah Roach, Member of the Board of Regents of Northwest Missouri State University, in her official capacity; Richard Smith, Member of the Board of Regents of Northwest Missouri State University, in his official capacity; George Speckman, Member of the Board of Regents of Northwest Missouri State University, in his official capacity; Roxanna Swaney, Member of the Board of Regents of Northwest Missouri State University, in her official capacity; Melissa Evans, Member of the Board of Regents of Northwest Missouri State University, in her official capacity; Lt. Anthony Williams, Police Officer for Northwest Missouri State University, in his individual and official capacity, Defendants-Appellees Richard Hershey, Plaintiff-Appellee v. Dr. John Jasinski, President of Northwest Missouri State University, in his official capacity, Defendant-Appellant Dr. Jay Johnson, Interim Director of Northwest Missouri State University, Kansas City Campus, in his official capacity, Defendant Dr. Pat Harr, Member of the Board of Regents of Northwest Missouri State University, in his official capacity; Dr. Marilou Joyner, Member of the Board of Regents of Northwest Missouri State University, in her official capacity; Jason Klindt, Member of the Board of Regents of Northwest Missouri State University, in his official capacity; John Moore, Member of the Board of Regents of Northwest Missouri State University, in his official capacity; Deborah Roach, Member of the Board of Regents of Northwest Missouri State University, in her official capacity; Richard Smith, Member of the Board of Regents of Northwest Missouri State University, in his official capacity; George Speckman, Member of the Board of Regents of Northwest Missouri State University, in his official capacity; Roxanna Swaney, Member of the Board of Regents of Northwest Missouri State University, in her official capacity; Melissa Evans, Member of the Board of Regents of Northwest Missouri State University, in her official capacity; Lt. Anthony Williams, Police Officer for Northwest Missouri State University, in his individual and official capacity, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: November 21, 2023.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants/cross-appellees was Michael T. Raupp, of Kansas City, MO. The following attorney(s) appeared on the appellant brief; Hayley Elizabeth Hanson , of Kansas City, MO., Michael T. Raupp , of Kansas City, MO.

Counsel who presented argument on behalf of the appellee/cross-appellant was Matthew Keith Wren, of Little Rock, AR. The following attorney(s) appeared on the appellee brief; John Wray Kurtz , of Kansas City, MO., Matthew Keith Wren , of Little Rock, AR.

Before SMITH, Chief Judge, STRAS and KOBES, Circuit Judges.


A familiar sight while strolling through a college campus is people handing out pamphlets, leaflets, and other materials. At Northwest Missouri State University, they must notify an administrator before distributing "non-University publications." The question for us is whether the college's advance-notice policy violates the...

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