In Uzuegbunam v. Preczewski , 592 U.S. ___ (2021), the United States Supreme Court held that plaintiffs asserting constitutional rights have standing to sue for past injuries, even if they only seek nominal damages. The decision is significant for public entities, but especially public schools, colleges and universities. In Uzuegbunam , Chike Uzuegbunam, a student enrolled at Georgia Gwinnett College, attempted to proselytize at an outdoor plaza on campus. A campus police officer quickly ordered Mr. Uzuegbunam to stop, and informed Mr. Uzuegbunam that campus policy prohibited him from distributing written religious materials in the area. Mr. Uzuegbunam complied with the officer’s directive. Thereafter, Mr. Uzuegbunam met with the College’s Director of the Office of Student Integrity, who was responsible for enforcing the policy. Mr. Uzuegbunam asked if he could speak about his religion if he refrained from distributing materials, but the official denied the request. Instead, the official explained that Mr. Uzuegbunam could only speak about his religion or distribute materials in two designated “free speech expression areas,” which comprised just .0015 percent of campus. Mr. Uzuegbunam was also required to obtain a permit. Mr. Uzuegbunam obtained the required permit, and began speaking in one of the free […]
