Excerpt: One case that isn’t quite ready to be considered Tuesday, but could intrigue the justices, is Speech First, Inc. v. Sands (No. 23-156), which challenges campus speech codes. The case comes from a divided panel decision of the Fourth Circuit, which rejected challenges to two Virginia Tech campus speech policies.
Virginia Tech has backed off the policy since the suit was filed. FIRE also notes that “time and time again, [it] has seen universities revise unconstitutional policies, only to bring them back when there is employee or state government turnover.” Given the widespread use of such policies and the open circuit split on their legality, it would seem a fit time for the Court to get involved.
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