Speech and Expression
Speech in College
Healy v. James (1972)
408 U.S. 169 (1972)
Vote: 9-0
Decision: Reversed
Majority: Powell, joined by Burger, Douglas, Brennan, Stewart, White, Marshall, Blackmun, Rehnquist
MR. JUSTICE POWELL delivered the opinion of the Court.
This case, arising out of a denial by a state college of official recognition to a group of students who desired to form a local chapter of Students for a Democratic Society (SDS), presents this Court with questions requiring the application of well established First Amendment principles …
We mention briefly at the outset the setting in 1969-1970. A climate of unrest prevailed on many college campuses in this country. There had been widespread civil disobedience on some campuses, accompanied by the seizure of buildings, vandalism, and arson. Some colleges had been shut down altogether, while, at others, files were looted and manuscripts destroyed. SDS chapters on some of those campuses had been a catalytic force during this period. Although the causes of campus disruption were many and complex, one of the prime consequences of such activities was the denial of the lawful exercise of First Amendment rights to the majority of students by the few. Indeed, many of the most cherished characteristics long associated with institutions of higher learning appeared to be endangered. Fortunately, with the passage of time, a calmer atmosphere and greater maturity now pervade our campuses. Yet it was in this climate of earlier unrest that this case arose.
Petitioners are students attending Central Connecticut State College (CCSC), a state-supported institution of higher learning. In September, 1969, they undertook to organize what they then referred to as a “local chapter” of SDS. Pursuant to procedures established by the College, petitioners filed a request for official recognition as a campus organization with the Student Affairs Committee, … The Committee, while satisfied that the statement of purposes was clear and unobjectionable on its face, exhibited concern over the relationship between the proposed local group and the National SDS organization. In response to inquiries, representatives of the proposed organization stated that they would not affiliate with any national organization and that their group would remain “completely independent.”
… By a vote of six to two, the Committee ultimately approved the application and recommended to the President of the College, Dr. James, that the organization be accorded official recognition …
Several days later, the President rejected the Committee’s recommendation and issued a statement indicating that petitioners’ organization was not to be accorded the benefits of official campus recognition … He found that the organization’s philosophy was antithetical to the school’s policies, and that the group’s independence was doubtful. He concluded that approval should not be granted to any group that “openly repudiates” the College’s dedication to academic f