David French: When Can Students Challenge Speech Codes?

ADF attorney David French writes at the National Review Phi Beta Cons Blog: “This afternoon, my colleagues and I at the Alliance Defense Fund filed two simultaneous cert petitions to the Supreme Court. The issue: Can students challenge university speech codes in court when those codes chill their free-speech rights, or must they wait until the university formally and officially punishes their speech? Until two recent decisions by the Ninth and Fourth Circuits, the answer to this question had been clear.”