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VNN v. BOARD OF REGENTS OF UNIVERSITY OF MINNESOTA

No. 23-1346.

109 F.4th 1033 (2024)

VIEWPOINT NEUTRALITY NOW!; Evan Smith; Isaac Smith, Plaintiffs-Appellants v. BOARD OF REGENTS OF the UNIVERSITY OF MINNESOTA; Kendall J. Powell, Regent Chair, in their respective official capacities; Steven A. Sviggum, Regent Vice Chair, in their respective official capacities; Mary A. Davenport, Regent in their respective official capacities; Kao Ly Ilean Her, Regent in their respective official capacities; Mike O. Kenyanya, Regent in their respective official capacities; Janie S. Mayeron, Regent in their respective official capacities; David J. McMillan, Regent in their respective official capacities; Darrin M. Rosha, Regent in their respective official capacities; Joan T.A. Gabel, President in her respective official capacity; James T. Farnsworth, Regent in their respective official capacities; Douglas A. Huebsch, Regent in their respective official capacities; Ruth E. Johnson, Regent in their respective official capacities; Kodi J. Verhalen, Regent in their respective official capacities; Calvin D. Phillips, Vice President for Student Affairs and Dean of Students in his respective official capacity, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 25, 2024.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants and appeared on the brief was Erick G. Kaardal, of Minneapolis, MN.

Counsel who presented argument on behalf of the appellees and appeared on the brief was Carrie Ryan Gallia, of Minneapolis, MN.

Before GRUENDER, SHEPHERD, and GRASZ, Circuit Judges.

In 2020, Viewpoint Neutrality Now!, a student organization at the University of Minnesota-Twin Cities Campus, and Evan and Isaac Smith, two students (collectively, "VNN") sued the University for five alleged violations of the First and Fourteenth Amendments. Only two claims survived the University's motion to dismiss, and...

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