Gay Students Organization of the University of New Hampshire v. Thomas Bonner

In 1973 the University of New Hampshire (the university) officially recognized the Gay Students Organization of the University of New Hampshire (the organization) (plaintiff) as an organization designed to advocate for and educate on gay rights. Following the university’s recognition, the organization held a social dance on campus. The dance attracted media attention and was heavily criticized by state officials. In response, the board of trustees directed the university to evaluate the legality and appropriateness of allowing the organization to hold social events and, while the evaluation was pending, to not approve any requests for social events. The following month, the organization submitted a request to perform a play and then hold a social function following the performance. The university approved the organization’s request to perform a play but denied the social-function request. The organization then decided to hold a meeting following the play. At the meeting, two publications on homosexuality were distributed. After the governor of New Hampshire became aware of the publications’ distribution, he issued a letter to the board of trustees demanding that it act against the organization’s abhorrent activities. The university’s president, Thomas Bonner (defendant), announced that the distribution of homosexual material was prohibited on campus and that the organization would be suspended if it did not comply with the ban. Bonner also directed that the ban on the organization’s social functions be strictly enforced. The organization filed an action in federal district court against Bonner. The organization claimed that the university had violated its freedom of expression rooted in the First Amendment to the United States Constitution. The university argued that it had the authority to prevent student-body activities that are shocking and offensive, and that the restriction imposed on the organization reflected the state’s distaste for homosexual activity. The district court returned a verdict for the organization and enjoined the university from imposing restrictions on the organization. The matter was appealed.