Hosty v. Carter

412 F.3d 731 (2005)

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Hosty v. Carter

United States Court of Appeals for the Seventh Circuit
412 F.3d 731 (2005)

Facts

Jeni Porche and Margaret Hosty (plaintiffs) were students at Governors State University (defendant), a state-funded university. Porche was the editor-in-chief of the student newspaper. The newspaper published articles written by Hosty that criticized the university administration’s decision not to renew the contract of a certain faculty member and questioned the integrity of administrators. Patricia Carter (defendant), the university’s dean of student affairs and services, notified the newspaper’s printer that no future issues could be printed unless Carter reviewed and approved the issues. The editorial staff of the newspaper refused to submit issues for Carter’s prior approval. Porche and Hosty filed a lawsuit against Carter, the university, and others, alleging a violation of their constitutional rights. The trial court granted summary judgment for all defendants except Carter, finding that a genuine issue of material fact existed regarding whether Carter’s actions violated the First Amendment. Carter appealed. [Editor’s Note: The facts of the case were not provided in the casebook excerpt but were sourced from the full-text opinion to provide background essential to the case.]

Rule of Law

Issue

Holding and Reasoning (Easterbrook, J.)

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