Urofsky v. Gilmore

216 F.3d 401 (2001)

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Urofsky v. Gilmore

United States Court of Appeals for the Fourth Circuit
216 F.3d 401 (2001)

JL

Facts

Virginia state law prohibited state employees from accessing lascivious, sexually explicit material on state computers unless authorized by a state agency. Va. Code Ann. §2.1-805. Six professors (plaintiffs) employed by various colleges and universities in Virginia sued the Commonwealth of Virginia (defendant), alleging that the law violated their First Amendment right to academic freedom. The plaintiffs alleged that the law hindered their ability to teach and perform research. One plaintiff alleged that he declined to assign an online research project on indecency law, and another plaintiff alleged that he could not research sexually explicit poetry in connection with his study of Victorian poets. The plaintiffs were joined in their case by the American Civil Liberties Union (ACLU). The district court held in favor of the plaintiffs. Virginia appealed the decision, and a three-judge panel of the United States Court of Appeals for the Fourth Circuit reversed the decision. The ACLU requested a rehearing in front of a full court.

Rule of Law

Issue

Holding and Reasoning (Wilkins, J.)

Dissent (Murnaghan, J.)

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