Papish v. Board Of Curators Of The University Of Missouri

410 U.S. 667 (1973)

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Nature of the Case

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Facts

P is a graduate student at the University of Missouri School of Journalism. The Free Press Underground had been sold on the D campus for more than four years pursuant to an authorization obtained from the University Business Office. A particular issue was found to be unacceptable for two reasons. On the front cover, the publishers had reproduced a political cartoon previously printed in another newspaper depicting policemen raping the State of Liberty and the Goddess of Justice. The caption under the cartoon read: '. . . With Liberty and Justice for All.' The issue contained an article entitled 'Mother Fucker Acquitted,' which discussed the trial and acquittal on an assault charge of a New York City youth who was a member of an organization known as 'Up Against the Wall, Mother Fucker.' The Student Conduct Committee found that P had violated Par. B of Art. V of the General Standards of Student Conduct which requires students 'to observe generally accepted standards of conduct' and specifically prohibits 'indecent conduct or speech.' P was expelled. The Chancellor of the University and then its Board of Curators agreed. She was then permitted to remain on campus until the end of the semester. She was not given credit for the one course in which she made a passing grade. P brought this action or declaratory and injunctive relief pursuant to 42 U. S. C. § 1983. P claimed that her expulsion was improperly premised on activities protected by the First Amendment. The District Court denied relief, and the Court of Appeals affirmed. The Supreme Court granted certiorari.