Board Of Regents Of University Of Texas System v. New Left Education Project

United States Supreme Court

404 U.S. 541

Board of Regents of the University of Texas System  v.  New Left Education Project et al.

Appeal from the United States District Court for the Western District of Texas

No. 70-55  Argued: December 6, 1971 --- Decided: January 24, 1972

Three-judge district court was improperly convened under 28 U.S.C. § 2281 to consider constitutionality of appellant's rules for campus distribution of certain kinds of literature and for dues solicitation from members of political organizations since challenged rules do not have statewide applicability or effectuate statewide policy but affect only the few of the State's higher education institutions that are under appellant's jurisdiction; and the appeal from that court's judgment should therefore have been taken to the Court of Appeals and not this Court. Pp. 542-545.

326 F. Supp. 158, vacated and remanded.

WHITE, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, STEWART, MARSHALL, and BLACKMUN, JJ., joined. DOUGLAS, J., filed a dissenting opinion, post, p. 545. POWELL and REHNQUIST, JJ., took no part in the consideration or decision of the case.

W.O. Shultz II, Assistant Attorney General of Texas, argued the cause for appellant. With him on the brief were Crawford C. Martin, Attorney General, Nola White, First Assistant Attorney General, Alfred Walker, Executive Assistant Attorney General, and J.C. Davis, Pat Bailey, and James C. McCoy, Assistant Attorneys General.

David R. Richards argued the cause for appellees. With him on the brief was Melvin L. Wulf.

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