Personnel Is Policy: Schools, Student Groups, and the Right to Discriminate
George B. Davis, 66 Wash. & Lee L. Rev. 1793 (2009)
The Seventh Circuit analyzed the expressive association and free speech claims independently, using a different framework for each claim. By contrast, the Ninth Circuit’s opinion collapsed the claims together and analyzed the case based on the type of forum the school had created. Can these two differing opinions be reconciled in some way? Does the right of expressive association–and the corollary right of nonassociation–receive less protection on the public campus? Is there a way to safeguard this right while respecting the confines of the limited public forum of the public school and university? This Note attempts to answer these questions.
