Superior Court of Delaware

Defendant-college's motion to dismiss plaintiff's claim that his removal from a building for certain comments he made was a violation of his First Amendment right to free speech is granted since plaintiff would not be entitled to a recovery under the facts he pled, even assuming they were accepted as true, where: 1) the college's acts could not fairly be treated as that of the state; and 2) the college was well within its rights to exclude plaintiff for making threats of violence on its campus.

Appellate Information

• Decided 08/04/2006
• Published 08/15/2006

Judges

Court

• Superior Court of Delaware

Counsel