Axson-Flynn v. Johnson

356 F.3d 1277 (2004)

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Axson-Flynn v. Johnson

United States Court of Appeals for the Tenth Circuit
356 F.3d 1277 (2004)

Facts

Axson-Flynn (plaintiff) was a member of the Church of Jesus Christ of Latter-day Saints. Axson-Flynn applied to the University of Utah’s Actor Training Program (ATP). During the application process, Axson-Flynn notified ATP instructors (defendants) that she would not remove her clothing, take the name of God or Christ in vain, or say the word “Fuck” due to her religious beliefs. Axson-Flynn was subsequently admitted into the program in the fall of 1998. That fall, as part of the curriculum, Axson-Flynn was asked to play several parts containing words that she refused to say. Axson-Flynn refused. Her instructor advised her to “get over” her language concerns and told her she could still be a “good Mormon” and say the words as required by the part. Axson-Flynn still refused, and the instructor allowed her to the play the part without saying the offensive language. Throughout the remainder of the semester, Axson-Flynn was allowed to omit offensive language from any of her assignments. Another student, a Jewish student, was also allowed an exemption from certain assignments. At the end of the fall semester, the ATP instructors informed Axson-Flynn that her unwillingness to say offensive language in the parts she was assigned was unreasonable. She was told to speak with others who were “good Mormons, who don’t have a problem with this.” Throughout the next semester, Axson-Flynn was again pressured to say language that she found offensive. Axson-Flynn subsequently resigned from the ATP program and filed a lawsuit against the ATP instructors for violating her free speech and free exercise rights. The district court granted summary judgment on both claims for the ATP instructors. Axson-Flynn appealed.

Rule of Law

Issue

Holding and Reasoning (Ebel, J.)

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