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No. 20-1066October Term 2020Decided Jul 2, 2021

Docket 20-1066October Term 2020 (2020–2021)

Hoggard v. Rhodes

The Supreme Court ended this docket by declining review, so the lower-court result protecting the officials with qualified immunity stays in place.

Case status

Current stage
Decided
Latest event
Decision released Jul 2, 2021
Case Accepted
Arguments
Decision ReleasedJul 2, 2021
What it's about

A student sued Arkansas State University officials and trustees, claiming they violated her First Amendment rights by making her move a table from an area reserved for registered student groups. The case asks whether those officials can be held personally liable or are protected by qualified immunity because prior court decisions did not clearly establish that their conduct was unconstitutional.

Question presented

Whether high-ranking University administrators and members of the Board of Trustees, none of whom enforced the Tabling Policy against petitioner or created that policy, are entitled to qualified immunity and therefore not personally liable to petitioner because lower-level university officials asked petitioner to move a table out of a limited designated public forum reserved for registered student organizations, and the most analogous binding precedent at the time had upheld similar and more burdensome policies against First Amendment challenges.

Case path

United States Court of Appeals for the Eighth Circuit / Decision released Jul 2, 2021

Area

First Amendment

Briefing

What it's about

A student said Arkansas State University officials violated her First Amendment rights by making her move a table from an area reserved for registered student groups. The Supreme Court declined to hear the case, leaving in place the lower-court result that the university officials were entitled to qualified immunity, and it did not decide the merits itself.

Impact

The outcome means those high-level university officials were not personally liable for money damages in this case. For example, a student challenging a campus speech restriction may still face a high bar when trying to sue senior administrators personally.

What's next

The Supreme Court has finished this docket action. The Eighth Circuit result remains in place for this case, and the justices did not settle the broader First Amendment question.

What was Hoggard v. Rhodes about?

It was about whether senior Arkansas State University officials could be sued personally after a student was told to move her table. The student argued her First Amendment rights were violated.

Who is affected by the result in Hoggard v. Rhodes?

Students challenging campus speech limits and public university administrators are most directly affected. In this case, the officials kept qualified immunity from personal damages liability.

What happens next in Hoggard v. Rhodes?

Nothing more is scheduled at the Supreme Court in this docket. The Court declined review, so the lower-court result stays in place without a merits decision from the justices.

Decision

Decision record

What the Court decided

The Supreme Court ended this docket by declining review, so the lower-court result protecting the officials with qualified immunity stays in place.

Impact

The outcome means those high-level university officials were not personally liable for money damages in this case. For example, a student challenging a campus speech restriction may still face a high bar when trying to sue senior administrators personally.

Not official Court text.

Opinion documents

Timing

Decided July 2, 2021

The Court released its decision on July 2, 2021 without hearing oral argument.