DeJohn v. Temple University
United States Court of Appeals for the Third Circuit
537 F.3d 301 (2008)
Temple University (defendant) implemented a Student Code of Conduct policy prohibiting all forms of sexual harassment. Specifically, the policy prohibited “expressive, visual, or physical conduct of a sexual or gender-motivated nature” if (1) “such conduct has the purpose or effect of unreasonably interfering with an individual’s work, educational performance, or status;” or (2) “such conduct has the purpose or effect of creating an intimidating, hostile, or offensive environment.” DeJohn (plaintiff) was a student at Temple University. DeJohn filed a lawsuit against Temple challenging the sexual harassment policy as being facially overbroad. Specifically, DeJohn alleged that the policy prevented him from expressing his opinions in class regarding women in the military. DeJohn alleged that he was concerned that by expressing his views in class, he could be sanctioned by Temple pursuant to the sexual harassment policy. DeJohn alleged that the policy had a chilling effect on his ability to exercise his right to free speech. The district court granted injunctive relief in favor of DeJohn, and Temple appealed.
Rule of Law
Holding and Reasoning (Smith, J.)
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