A key issue in the Governors State University case could be whether the U.S. Court of Appeals for the Seventh Circuit agrees with the university's argument that the student newspaper should be considered a ''nonpublic forum.'' In essence, the Illinois attorney general claims that The Innovator is government property that has never been open to free expression by student editors.
\n\n No court, however, has ever found a student-edited college publication to be a nonpublic or closed forum.