The Koala v. Khosla

The Koala—a student newspaper at the University of California, San Diego—publishes an article satirizing safe spaces and trigger warnings. The student government (triggered, perhaps) promptly votes to eliminate student-organization funding for all print media. The Koala sues. District court: Case dismissed. The Koala‘s claims are barred by the Eleventh Amendment. Also, its Free Press Clause claim fails on the merits. So does its Free Speech Clause claim. And its retaliation claim. Ninth Circuit: We disagree with literally everything the district court said. The case can proceed.

Tags: 2019, Eleventh Amendment, Free Press, Free Speech, Ninth Circuit, Retaliation

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