Keister v. Bell

Rodney Keister (plaintiff) was an evangelical preacher. Keister and a companion went to a sidewalk on the Tuscaloosa campus of the University of Alabama, a public university, and set up a display. Keister handed out pamphlets while his companion preached through a megaphone. A university representative and campus police informed Keister that university policy required a permit for any public speaking on university grounds other than casual recreational or social activities. A campus officer told Keister that the sidewalk area on a different corner did not require a permit. Keister and his companion moved to that corner and preached. The officer later informed Keister that he had been mistaken and that the second location also required a permit. Accordingly, Keister needed a permit to return or he would be trespassing. Under the university’s policy, to get a permit, a speaker needed a student or faculty sponsor. The university had approximately 38,000 students and 7,000 faculty members. The university received thousands of permit applications each year. To give the university adequate time for review, the policy asked that applications be submitted 10 days before an event, though simple requests might be approved more quickly. Keister sued the university’s president, Stuart Bell, and two campus police officials (collectively, the university officials) (defendants) in federal district court. Among other claims, Keister alleged that the permit requirement violated his First Amendment right to free speech. Keister argued that the sidewalk in the second location was a traditional public forum because the City of Tuscaloosa owned it. This sidewalk was on the university’s campus, only one block from the campus center, and was controlled and maintained by the university. The university was responsible for removing snow from the sidewalk and policing incidents there. The district court entered summary judgment for the university officials. Keister appealed.