(DOWNLOAD) "State Board For Community Colleges And Occupational Education And Ellin Mrachek V. Olson" by Colorado Supreme Court ~ Book PDF Kindle ePub Free

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eBook details

• Title: State Board For Community Colleges And Occupational Education And Ellin Mrachek V. Olson
• Author : Colorado Supreme Court
• Release Date : January 20, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 87 KB

Description

We granted certiorari to review the decision of the court of appeals in Olson v. State Board for Community Colleges and Occupational Education, 652 P.2d 1087 (Colo. App. 1982), in order to consider whether a journalism teacher who also served as faculty advisor to a student newspaper at a community college has standing to raise First Amendment challenges to the termination of funding for the newspaper. The plaintiff-respondent, Judith Olson, along with three student members of the newspaper staff, sought injunctive relief under 42 U.S.C. § 1983 against various defendants in their individual and official capacities. The district court entered a summary judgment in favor of the defendants because, in its view, Olson failed to establish injury to her First Amendment interests and was not entitled to assert the constitutional interests of nonparty students. The district court also ruled that the three student plaintiffs lacked standing because they failed to establish any injury in fact to their First Amendment interests. Olson appealed the summary judgment to the court of appeals. Addressing only Olsons individual First Amendment claims and declining to resolve the issue of third party standing, the court of appeals reversed the summary judgment and held that Olson had established an injury to her First Amendment interests and thus had the requisite standing to seek injunctive relief against the defendants with respect to the termination of funding for the student newspaper. We reverse the judgment of the court of appeals as to those issues relating to Olson's First Amendment claims. We conclude, however, that Olson should be permitted to assert the students' First Amendment interests and, therefore, reverse that part of the summary judgment denying her third party standing and remand the case for further proceedings.

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