United States Supreme Court Cases & Opinions

U.S. Supreme Court

Board of Regents v. New Left Education Proj., 404 U.S. 541 (1972)

Board of Regents of University of Texas System

v. New Left Education Project

No. 70-55

Argued December 6, 1971

Decided January 24, 1972

404 U.S. 541

Syllabus

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 state-wide applicability or effectuate state-wide 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. 404 U. S. 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. 404 U. S. 545. POWELL and REHNQUIST, JJ., took no part in the consideration or decision of the case.