Appellate court to hear Kincaid oral arguments

OHIO — The U.S. Court of Appeals for the Sixth Circuit will heararguments in the college censorship case Kincaid v. Gibson on May30 at 12:30 p.m.

A majority of the court’s 22 judges voted to rehear the case in Novemberafter a divided three-judge panel ruled that Kentucky State Universitydid not violate students’ First Amendment rights when it confiscated allcopies of a yearbook published in 1994.

The panel’s September decision marked the first time that a federalappellate court applied the high school-based Hazelwood standardto a college censorship case. In its 1988 decision in Hazelwood SchoolDistrict v. Kuhlmeier, the Supreme Court upheld the censorship of ahigh school newspaper in cases where the publication is not a public forumand administrators can show legitimate educational cause.

For more Information: View a timeline of the Kincaid v. Gibsoncourt battle or read past stories from our archives.