DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
042299P.pdf 04/14/2006 Gary Bowman v. John A. White
U.S. Court of Appeals Case No: 04-2299
Western District of Arkansas
[PUBLISHED] [Melloy, Author, with Bye and Colloton, Circuit Judges]
Civil Case - civil rights. District court's rejection of First Amendment
challenge to university policy regarding restrictions on use of facilities
and space by non-University entities is affirmed as to permit requirement,
notice requirement and dead day ban, and reversed as to five-day cap.
Five-day cap restriction is not sufficiently narrowly tailored to survive
constitutional scrutiny. University areas in question are unlimited
designated public fora; restrictions were content neutral; permit, notice
and dead day ban were sufficiently narrowly tailored to pass
constitutional muster. Judge Bye concurs in result but asserts university
space is a traditional public fora.