Sunday, May 4, 2008

CASE BRIEF: Robert Corry, et al. v. Leland Stanford Junior University (1995)

Robert Corry, et al. v. Leland Stanford Junior University (1995)


Title and citation

Robert Corry, et al. v. Leland Stanford Junior University,
Case No. 740309 (Cal. Super. Ct. Feb. 27, 1995)


Facts

The issue began in an African American-themed dorm, where several students got into an argument about the race of Ludwig van Beethoven. A group of drunk white students drew Beethoven in a black caricature and posted it near the room of a black student who claimed Beethoven was mulatto; later, a black-fraternity poster was vandalized, with the word “niggers” being scrawled across it. The student who defaced the poster was not sanctioned, but simply moved to a different dorm. In response to the overarching issue, the University adopted a policy for racial harassment disciplinary action in 1990. Though no one was ever punished under the policy, four years later the University was sued by four students who challenged the policy, saying that is lowered the quality of education by not allowing the discussion of important issues.


Issues

1. Does the policy violate the First Amendment?


Held

1. Yes; the policy does violate the First Amendment based on the decisions in the earlier cases.


Reasoning

The court ruled that the policy did in fact violate the First Amendment, based on the rulings in earlier cases, and determined the policy as overbroad and content-biased.


Decision

The court ruled in favor of the plaintiffs, Robert Corry et. al.


Significance

This case upheld the precedents set in the prior cases.

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