Hosty v. Carter

412 F.3d 731 (7th Cir. 2005)

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Nature of the Case

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Facts

P attacked the integrity of Roger K. Oden, Dean of the College of Arts and Sciences. D took an interest in the paper's statements and accused the school sponsored paper of irresponsible and defamatory journalism. Ps refused to retract factual statements that the administration deemed false, or even to print the administration's responses. D then called the printer and told them that it would not print any more issues is not approved in advance. The printer was not willing to take the risk that it would not be paid and Ps were unwilling to submit to prior review. Publication ceased in November 2000. The paper has since resumed publication under new management. Ps then sued D, all of its trustees, most of its administrators, and several of its staff members for damages under 42 U.S.C. § 1983. Ds moved for summary judgment, and the district court granted the motion with respect to all except Dean Carter (D). The judge thought that the evidence could support a conclusion that threatening to withdraw financial support violated the first amendment to the Constitution (applied to the University, as a unit of state government in Illinois, through the fourteenth). The District Court read the Hazelwood was limited to papers published by high school students as part of coursework and inapplicable to student newspapers edited by college students as extracurricular activities. D claimed qualified immunity under Behrens v. Pelletier. A panel of the court affirmed and then the court granted D's petition for rehearing en banc.