Tennessee Tech Policy Violated First Amendment Rights

A Kentucky Man who wanted to share his Christian beliefs on a Tennessee college campus, has won a case before the 6th U.S. Circuit Court of Appeals. The police asked him the leave the campus because he didn't give two weeks notice, and didn't disclose what he wanted to talk about. The Cincinnati-based appeals court ruled that this policy was unreasonable and violated first amendment rights. In early April of 2009 the man also known as McGlone called Tennessee Tech about visiting to share his message. 

The very next day McGlone and his friend arrived on the campus and began talking to the students on the south patio. This is a pedestrian mall area where students gather to hang out near the university center. When McGlone went inside a university official told him that he was only allowed to talk to students on the north patio and not on the south. He objected because the north patio has no chairs or tables and much less space. McGlone was outraged because he felt as though the school was not granting him the best opportunity to talk to these students. 

The school is clearly in violation of the mans first amendment rights, and it was time for the courts to take action. The courts looked to see if the university had the authority to tell him where he was allowed to talk to these students. They actually did have the authority to tell him where he was allowed to talk to them, and for how long. This is because Tennessee Tech is a private university, which means the first amendment shouldn't apply. 

The Only problem was that the south patio is also part of a public pedestrian mall. And he is allowed to peacefully assemble people, according to the first amendment, and he has freedom of speech. The mall is a public area, so therefor he is protected by the first amendment, and the university has no authority. 

http://usatoday30.usatoday.com/news/nation/story/2012-05-09/tennessee-college-first-amendment/54851034/1