Kincaid v. Gibson

236 F.3d 342, 2001 WL 10600
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 5, 2001
DocketNo. 98-5385
StatusPublished
Cited by106 cases

This text of 236 F.3d 342 (Kincaid v. Gibson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kincaid v. Gibson, 236 F.3d 342, 2001 WL 10600 (6th Cir. 2001).

Opinions

COLE, J., delivered the opinion of the court, in which BOYCE F. MARTIN, C.J., MERRITT, SILER, DAUGHTREY, MOORE, CLAY, and GILMAN, JJ., joined. RYAN, J. (p. 358), delivered a separate concurring opinion. BOGGS, J. (pp. 358-59), delivered a separate opinion concurring in part and dissenting in part. ALAN E. NORRIS, J. (p. 359), delivered a separate dissenting opinion, in which SUHRHEINRICH and BATCHELDER, JJ., joined.

OPINION

COLE, Circuit Judge.

Plaintiffs-Appellants Charles Kincaid and Capri Coffer appeal the district court’s grant of summary judgment upholding Defendants-Appellees’ confiscation and ban on distribution of a college yearbook edited by Coffer. Upon en banc review, we determine that the KSU officials violated the First Amendment rights of Kincaid and Coffer. Accordingly, we REVERSE the order of the district court and REMAND the case with instructions to enter judgment in favor of Kincaid and Coffer and to determine the relief to which they are entitled. See, e.g., Leila Hosp. and Health Ctr. v. Bowen, 873 F.2d 132, 134 (6th Cir.1989).

I. BACKGROUND

A. Factual Background

At the times relevant to this case, both Kincaid and Coffer were registered students at Kentucky State University (“KSU”), a public, state-funded university. Betty Gibson was KSU’s Vice President for Student Affairs. KSU funded production and distribution of The Thorobred, the student yearbook.1 KSU students com[345]*345posed and produced The Thorobred, with limited advice from the university’s student publications advisor, as discussed infra.

Coffer served as the editor of the yearbook during the 1993-94 academic year. Although a student-photographer and at least one other student assisted her at one point, Coffer organized and put together the yearbook herself after her staff members lost interest in the project. Coffer endeavored to “do something different” with the yearbook in order to “bring Kentucky State University into the nineties”; she also sought to “present a yearbook to the student population that was what they [had] never seen before.” To these ends, Coffer created a purple cover using a material known as “rain shower foil stamp,” and, for the first time, gave the yearbook a theme. The theme, “destination unknown,” described the atmosphere of “uncertainty” that Coffer believed characterized the time; Coffer found evidence of this uncertainty in students wondering “where are we going in our lives,” in high unemployment rates, and in a current controversy regarding whether KSU was going to become a community college. Coffer included pictures in the yearbook depicting events at KSU and in its surrounding community, and political and current events in the nation and world at large. The yearbook covered both the 1992-93 and 1993-94 academic years because the students working on the 1992-93 yearbook had fallen behind schedule. Although the yearbook was originally projected to contain 224 pages, Coffer testified that the final product contained only 128 pages, because she did not have enough pictures to fill 224 pages and because the university administration took no interest in the publication. Coffer completed the yearbook several thousand dollars under budget, and sent the yearbook to the printer in May or June of 1994.

When the yearbook came back from the printer in November 1994, Gibson objected to several aspects of it, finding the publication to be of poor quality and “inappropriate.” In particular, Gibson objected to the yearbook’s purple cover (KSU’s school colors are green and gold), its “destination unknown” theme, the lack of captions under many of the photos, and the inclusion of current events ostensibly unrelated to KSU. After consulting with KSU President Mary Smith and other unnamed university officials, Gibson and Smith decided to confiscate the yearbooks and to withhold them from the KSU community. Gibson contacted Leslie Thomas, KSU’s Director of Student Life, and instructed her to secure the yearbooks so that they would not be distributed. Thomas contacted KSU’s director for service management, who ensured that the yearbooks were secured. Although Gibson’s intention was “perhaps [to] discard [the yearbooks],” Gibson’s counsel indicated at oral argument that the yearbooks remain hidden away on KSU’s campus.

B. Procedural Background

In November 1995, Kincaid and Coffer sued Gibson, Smith, and individual members of the KSU Board of Regents under 42 U.S.C. § 1983, alleging that the university’s confiscation of and failure to distribute the 1992-94 KSU student yearbook violated their rights under the First and Fourteenth Amendments to the United States Constitution.2 Kincaid and Coffer sought damages and injunctive relief.

Both parties moved for summary judgment on the yearbook claim. The district court applied a forum analysis to the students’ First Amendment claim, and found that the KSU yearbook was a nonpublic forum. See Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 46, 103 S.Ct. 948, 74 L.Ed.2d 794 (1983). The [346]*346district court reasoned that Kincaid and Coffer had “put forth no evidence that The Thorobred was intended to reach or communicate with anybody but KSU students,” and held that “the yearbook was not intended to be a journal of expression and communication in a public forum sense, but instead was intended to be a journal of the ‘goings on’ in [a] particular year at KSU.” Having found that the yearbook was not a public forum, the court held that the university officials’ refusal to distribute the yearbook “on the grounds that the yearbook was not of proper quality and did not represent the school a[s] it should,” was reasonable. Accordingly, the court granted the KSU officials’ motion for summary judgment and denied the students’ motion. Both in finding that the KSU yearbook was a nonpublic forum and in finding that the KSU officials’ actions were reasonable, the district court relied in part upon Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988).3

A divided panel of this court affirmed the district court’s opinion. See Kincaid v. Gibson, 191 F.3d 719. We granted en banc review to determine whether the panel and the district court erred in applying Hazelwood — a ease that deals exclusively with the First Amendment rights of students in a high school setting4 — to the university setting, and to examine whether the district court erred in finding that the student-plaintiffs failed as a matter of law to submit sufficient evidence to prove that the KSU yearbook is a limited public forum rather than a nonpublic forum ,5 For the reasons that follow, we hold that the KSU yearbook is a limited public forum, and that Kincaid and Coffer have presented sufficient evidence that the university officials violated their First Amendment rights to prevail as a matter of law. See Fed.R.Civ.P.

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Cite This Page — Counsel Stack

Bluebook (online)
236 F.3d 342, 2001 WL 10600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kincaid-v-gibson-ca6-2001.