Gwinnett College Supreme Court Ruling: Read It For Yourself
In a very rare 8-1 ruling alignment that saw Chief Justice Roberts as the lone dissent, the Supreme Court ruled that students could seek nominal damages against Gwinnett College for violating their 1st Amendment rights.
You can read the decision for yourself here:
Gwinnett CollegeThe U.S. Supreme Court on Monday sided with a former Georgia college student who sued his school after it prevented him from expressing religious views in a free-speech zone on campus.
The 8-1 decision, authored by Justice Clarence Thomas, said that Chike Uzuegbunam — who was silenced by Georgia Gwinnett College officials even after he had obtained a permit to proselytize and handout religious literature — can seek nominal damages despite the fact that the school ultimately changed course and Uzuegbunam subsequently graduated.
In a very rare alignment of votes, Chief Justice John Roberts was the lone dissenting justice in the case.
“It is undisputed that Uzuegbunam experienced a completed violation of his constitutional rights when respondents enforced their speech policies against him,” wrote Justice Thomas. “Because ‘every violation [of a right] imports damage,’ nominal damages can redress Uzuegbunam’s injury even if he cannot or chooses not to quantify that harm in economic terms.”
Nominal damages — even as little as $1, for example — are awarded in cases where a person has been harmed by illegal conduct but not suffered significant financial loss. First Amendment advocates called the decision a win for free speech and religious expression.
“When public officials violate constitutional rights, it causes serious harm to the victims,” said Kristen Waggoner, an attorney for Alliance Defending Freedom, which represented Uzuegbunam in the case. “When such officials engage in misconduct but face no consequences, it leaves victims without recourse, undermines the nation’s commitment to protecting constitutional rights, and emboldens the government to engage in future violations. We are pleased that the Supreme Court weighed in on the side of justice for those victims.”
Justices Neil Gorsuch, Samuel Alito, Brett Kavanaugh, Amy Coney Barrett, Stephen Breyer, Elena Kagan, and Sonia Sotomayor all joined Thomas in the opinion, which reversed two lower court rulings that agreed with the school in calling the case moot.
“I agree with the Court that, as a matter of history and precedent, a plaintiff’s request for nominal damages can satisfy the redressability requirement for Article III standing and can keep an otherwise moot case alive,” Justice Kavanaugh wrote in a concurring opinion.
Roberts argued that the courts had no place getting involved in the dispute because it was no longer an issue.
So Roberts dissent was one of mootness, and not on the legal or constitutional principles involved. I can respect that, even if I disagree with it.Report
Burnishing his “lack of standing” and “moot” positions for the difficult cases ahead where he needs an outcome, but has not a reasoned path to get there.Report
I wonder why anyone bothered. Thirty-odd years ago, defense lawyers were always afraid of $1 and fees awards, where the plaintiff gets a buck for making his or her point, nothing for any actual injuries, and a big, fat award of fees for the plaintiff’s lawyers. Eventually, the Supremes decided, in Farrar v. Hobby, that even though a plaintiff who got nothing more than a dollar in nominal damages was, technically, a “prevailing party,” entitled to a “reasonable attorney’s fee,” the reasonable attorney’s fee in a $1 nominal damages case was, presumptively, zero. Something must be going on here, but what?Report