What restraints have courts placed on public universities in dealing with student publications?
Bazaar v. Fortune (5th Cir. 1973): • Situation: University of Mississippi officials had tried to stop publication of a literary magazine because of “earthy language” in two short stories. The objectionable portions consisted of “four-letter words” often referred to as obscenities, including one the Fifth Circuit Court of Appeals in a footnote described as “literally referring to an incestuous son but more commonly used as an abusive epithet.” • The Fifth Circuit Court of Appeals enunciated what are now the well-established rules concerning censorship of the college press. • The fact that a state university provides funding, faculty or departmental advice, or campus facilities does not authorize university officials to censor the content of a student publication; • Individual four-letter words are insufficient reason to censor; • The state university cannot be considered the same as a private publisher with absolute arbitrary power to control content; • The university, as an arm of the
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