Bloedorn v. Grube
631 F.3d 1218
11th Cir.2011Background
- Bloedorn, a Christian evangelist, visited GSU to preach, without campus sponsorship or university affiliation.
- GSU has a Free Speech Area as the only place for outside, non-sponsored speakers; other campus areas require sponsorship.
- GSU's Speech Policy requires outside speakers to obtain a permit and assigns space, time, and duration for approved events.
- Bloedorn refused to obtain a permit and was arrested for trespass after attempting to speak campus-wide.
- Six prior permits for outside, non-sponsored speakers were granted from 2006–2009; the district court held the campus is a limited/public forum analysis was appropriate.
- Bloedorn filed §1983 action alleging First Amendment, due process, unreasonable seizure claims; district court denied preliminary injunction; on appeal the court reviews standing and likelihood of success on merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bloedorn has standing to sue | Bloedorn has imminent injury and credible threat of re-arrest | No standing since he sought no permit or speech outside Free Speech Area | Bloedorn has standing to pursue claims |
| Whether campus areas are traditional/public forums | Sidewalks/pedestrian areas are public fora for outside speakers | Areas are limited/public forums or not open to outside speakers | Sidewalks/pedestrian areas are limited public fora; Free Speech Area is designated public forum |
| Whether Speech Policy is content-neutral and lacks unbridled discretion | Policy gives officials broad discretion to discriminate | Policy has definite standards and consistent application | Policy is content-neutral with no unbridled discretion |
| Whether time/place/manner restrictions are narrowly tailored | Restrictions burden too much speech | Restrictions serve safety/space management and are narrowly tailored | Restrictions are narrowly tailored and serve significant interests |
Key Cases Cited
- Cornelius v. NAACP Legal Def. & Educ. Fund., Inc., 473 U.S. 788 (1995) (government not obliged to open all facilities; forum analysis depends on access sought)
- Widmar v. Vincent, 454 U.S. 263 (1981) (university may regulate speech; not all campus areas are public forums)
- Perry Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37 (1983) (designated/public fora require reasonable, viewpoint-neutral restrictions; open ample alternatives)
- Forsyth County v. Nationalist Movement, 505 U.S. 123 (1992) (unbridled discretion invalid in permit schemes)
- Ward v. Rock Against Racism, 491 U.S. 781 (1989) (time/place/manner restrictions must be narrowly tailored; not least restrictive)
- Healy v. James, 408 U.S. 169 (1972) (universities may regulate campus use consistent with mission)