Young Americans for Liberty at University of Alabama in Huntsville v. The Trustees of the University of Alabama System

Summary

In June 2019, the State of Alabama passed the Campus Free Speech Act, which guarantees all students at public universities in the state the right to speak freely and express themselves in any outdoor areas on campus without requiring approval.  The University of Alabama Trustees had previously enacted a policy in July 2014 requiring students to receive official approval from the University three business days before holding any public demonstration.

In July, 2021, attorneys from the Alliance Defending Freedom, a Christian organization “committed to protecting religious freedom, free speech, marriage and family, parental rights, and the sanctity of life,” brought suit against the Trustees of the University of Alabama System on behalf of Young Americans for Liberty (YAL) at the University of Alabama in Huntsville (UAH), an affiliate of a national libertarian organization.  The lawsuit argues that the University’s policies directly violate Alabama’s Campus Free Speech Act.  The University’s policy does contain an exception for “spontaneous speech,” or an event “generally prompted by news or affairs coming into public knowledge less than 48 hours prior to the Event.”

In April, 2023, the University entered into a consent order with the Plaintiff amending its policy.  The University abolished a speech zones provision and their prior permission requirement, and amended its policy to eliminate the provision that granted administrations discretion to deny permission to speak based on the viewpoint of the speaker.