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.
221826P.pdf 11/21/2023 Richard Hershey v. Dr. John Jasinski
U.S. Court of Appeals Case No: 22-1826
and No: 22-1941
and No: 22-2236
U.S. District Court for the Western District of Missouri - St. Joseph
[PUBLISHED] [Stras, Author, with Smith, Chief Judge, and Kobes, Circuit
Judge]
Civil case - Civil rights. Plaintiff had standing to bring a facial
challenge against the provision of Northwest Missouri State's
literature-distribution policy which required him to notify a university
administrator prior to distribution of his materials on campus; he did not
have standing to challenge provisions which prohibited the distribution of
certain types of materials as the provision then in effect played no part
in the University's actions denying him access, and he did not allege a
credible threat of enforcement of the subsequently-adopted amendment to
the provision; the advance notice provision was content neutral and did
not amount to a prior restraint because the provision did not require that
the distributor obtain approval, only that they provide the University
with advance notice of the distribution; once notice was given, the
distribution was unrestricted, provided the materials did not violate
other provisions of the policy; award of attorneys' fees to plaintiff
vacated in light of the fact that plaintiff is no longer the prevailing
party.