The Alabama Supreme Court rules unanimously to allow a university campus free speech lawsuit to proceed despite a circuit court’s dismissal of the case.
The Alabama Supreme Court ruled unanimously Friday to allow a campus free speech lawsuit to proceed despite a circuit court’s dismissal of the case.against UAH and the UA system to challenge a campus policy that requires students to request a permit in advance for many free speech events and restricts most events to certain areas.
The Madison County Circuit Court of Appeals dismissed the case in February, but the YAL student group appealed the decision to the state’s highest court shortly thereafter. The court wrote that UAH and the UA system “have not shown that, on the face of the policy, limiting protected speech is not the primary function of the designated areas.”
“Regrettably, state courts, including Alabama’s, have at times succumbed to blindly following federal constitutional interpretations in interpreting state constitutions … In practice, courts should consider addressing State constitutional issues before determining whether federal constitutional issues must be addressed.”
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