A group of students is pursuing its free speech lawsuit against the University of Alabama in Huntsville through an appeal filed at the Alabama Supreme Court.
Conservative group Young Americans for Liberty (YAL) have filed the appeal after the Madison County Circuit Court dismissed early this month the lawsuit they filed in July 2021 against the University of Alabama, reported Advance Local.
A lawsuit initiated by Joshua Greer, a member of YAL, in behalf of the organization that is separate from a lawsuit filed in May for the same reason.
Christianity Daily reported in May that Alliance Defending Freedom (ADF) filed the lawsuit at the 6th Judicial Circuit of the Alabama Circuit Court in behalf of the YAL. The lawsuit challenges the University of Alabama's restrictive policies that require students to acquire a "permission to speak."
ADF said the policies were in violation of Alabama's FORUM Act, which provides students to freely "engage in protected expressive activity in outdoor areas of the campus, and to spontaneously and contemporaneously assemble, speak and distribute literature."
However, YAL requested this lawsuit to be dismissed by the court after some months on account that the "circumstances" of their members in Tuscaloosa "had changed."
Greer, on the other hand, claimed the university requires the permit in advance to censor speech events and to restrict events to be held in certain areas only.
ADF also pointed out that the University's "Use of Outdoor Areas of Campus" opens the possibility of the administration to decide which events and viewpoints are permitted to be held in the school.
"The University maintains an exception for students who plan to engage in 'spontaneous' expression or distribute literature. But this very narrow exception is limited to expression relating to recent events," the ADF said in the new lawsuit.
But the University of Alabama, as per court records, reasoned that students are given the liberty to spontaneously gather in their campus at a "multitude" of locations designated for such purpose. Students can even request an "expedited permit" so they could hold protests outside of the areas designated by the university.
In addition, requests for gatherings are equally approved since campus officials "consider different points of view."
Notwithstanding, the university received support from Attorney General Steve Marshall who filed a brief for the lawsuit. Similarly, the circuit court Judge Alison Austin supported the university arguing that Greer was not actually stopped by the university from protesting.
The court cited YAL's statement that their members ceased distributing their pamphlets out of "fear."
"They fear being disciplined both individually and as an organization," Austin quoted YAL's court filing.
"Plaintiffs do not allege that they ever sought to use such spaces or that they were ever denied such a request," she said.
In line with the appeal filed in the state's supreme court, the University of Alabama stressed its commitment to the student's freedom of speech through a statement released on Wednesday.
"(We) are steadfastly committed to the freedom of speech and expression for all campus community members. Our policies were implemented to preserve this important constitutional right," the University of Alabama System said.
