Marietta Norton v. The Discipline Committee of East Tennessee State University

Background

Students at East Tennessee State University printed and handed out pamphlets criticizing campus rules and the administration. The university suspended the students, charging the leaflets were “false, seditious and inflammatory.” The students sued in federal court under 42 U.S.C. § 1983, asking to be reinstated and to have their suspension records cleared. After a full evidentiary hearing the district court denied relief and the Court of Appeals affirmed.

Reasoning

The Supreme Court denied the petition for review, so the lower-court ruling remained in place. The opinion denying review offers no ruling on the constitutional claim. In a separate dissent, Justice Marshall argued the pamphlets did not cause any actual disturbance, that the only basis for discipline was the content of the pamphlets, and that suspension is punishment that abridges free speech. He relied on prior First Amendment principles and recent student-speech decisions, and said he would have granted review.

Real world impact

Because the Court refused to consider the case, the students’ suspensions and records remained upheld by the lower courts. That leaves campus disciplinary action in force for this group and denies them immediate federal relief in this appeal. The dissent warns that allowing content-based punishment on campus can chill student speech, though the high court did not resolve that legal question here.

Dissents or concurrances

Justice Marshall, joined by Justices Douglas and Brennan, dissented from the denial and explained why he would grant review to address what he saw as a clear and serious First Amendment violation.