Swope v. Lubbers

560 F. Supp. 1328 (1983)

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Swope v. Lubbers

United States District Court for the Western District of Michigan
560 F. Supp. 1328 (1983)

  • Written by Mike Begovic, JD

Facts

Grand Valley State College (Grand Valley) (defendants) collected a registration fee of $15.00 from students, which coalesced into a general fund, a portion of which was allocated for extracurricular student activities such as the screening of films. Grand Valley had not adopted any official guidelines or administrative procedure for determining which films could be shown. Based on student interest in X-rated films, the student senate at Grand Valley (the senate) supplied a list of 25 films, which included the film Inserts, an X-rated film about a film director’s foray into pornographic movies following the onset of talkies in the 1930s. After several discussions with the senate, Grand Valley administrators ultimately decided that although Grand Valley would not ban a showing of the film, it would not allow funds to be used for the screening of X-rated films. Timothy Swope and several other Grand Valley students (the students) filed a suit seeking temporary injunctive relief to prevent Grand Valley from refusing to allocate funds for the screening. The students alleged violations of the First and Fourteenth Amendments. Grand Valley argued that because it was not outright banning a screening of the film, its decision did not warrant constitutional scrutiny.

Rule of Law

Issue

Holding and Reasoning (Hillman, J.)

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