SPEECH FIRST, INC. v. SHRUM

No. 23-6054.

92 F.4th 947 (2024)

SPEECH FIRST, INC., Plaintiff-Appellant, v. Kayse SHRUM, in her official capacity as President of Oklahoma State University, Defendant-Appellee. American Bankers Association; American Civil Liberties Union; American Civil Liberties Union of Oklahoma; Catholicvote.org Education Fund; Chamber of Commerce of the United States of America; Independent Women's Law Center; Manhattan Institute; Young America's Foundation, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED February 9, 2024.


Attorney(s) appearing for the Case

J. Michael Connolly , Cameron T. Norris , James F. Hasson , and Thomas S. Vaseliou , Consovoy McCarthy PLLC, Arlington, Virginia (joined by Ryan Haynie , Oklahoma Council of Public Affairs, Oklahoma City, Oklahoma), for Appellants.

Stephen R. Stephens , Brandee Hancock , Clinton W. Pratt , Gaylan Towle II , Kinsey Wyatt , Lyman G. Lenker IV , Board of Regents for the Oklahoma Agricultural and Mechanical Colleges, Stillwater, Oklahoma, for Appellees.

Megan Lambert, American Civil Liberties Union Foundation of Oklahoma, Oklahoma City, Oklahoma; Vera Eidelman, American Civil Liberties Union Foundation, New York, New York; filed a brief on behalf of Appellants, for Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Oklahoma.

Scott W. Gaylord, Elon University School of Law, Greensboro, North Carolina; filed a brief on behalf of Appellants, for Amici Curiae Catholicvote.org Education Fund.

Kathryn E. Tarbert and Gene C. Schaerr, Schaerr Jaffe LLP, Washington, D.C.; filed a brief on behalf of Appellants, for Amici Curiae Independent Women's Law Center.

John J. Bursch, Tyson C. Langhofer, Mathew W. Hoffmann, Alliance Defending Freedom, Lansdowne, Virginia (joined by Ilya Shapiro, Manhattan Institute, New York, New York on the briefs); filed a brief on behalf of Appellants, for Amici Curiae Young America's Foundation and Manhattan Institute.

Jennifer B. Dickey, Jordan L. Von Bokern, U.S. Chamber Litigation Center, Washington, D.C. (joined by Robert E. Dunn, Eimer Stahl LLP, San Jose, California on the briefs); filed a brief on behalf of Appellants, for Amici Curiae U.S. Chamber of Commerce and the American Bankers Association.

Before HARTZ, MORITZ, and ROSSMAN, Circuit Judges.


Speech First, Inc. is a nationwide organization that describes its mission to include the protection of free speech on college and university campuses. When Oklahoma State University (OSU) implemented three schoolwide policies that allegedly chilled protected speech, Speech First filed suit in federal court on behalf of its...

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