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Gay Lesbian Bisexual Alliance v. Bill Pryor in His Official Capacity as Attorney General, of the State of Alabama, Frederick P. Whiddon, in His Official Capacity as President of the University of South Alabama Dale T. Adams, in His Official Capacity as Dean of Students of the University of South Alabama

Citations: 110 F.3d 1543; 25 Media L. Rep. (BNA) 1794; 1997 U.S. App. LEXIS 8871Docket: 96-6143

Court: Court of Appeals for the Eleventh Circuit; April 29, 1997; Federal Appellate Court

Narrative Opinion Summary

In this case, the Attorney General appealed a district court ruling that declared Alabama Code § 16-1-28 unconstitutional under the First Amendment. The statute prohibited public colleges from using funds to support organizations promoting lifestyles illegal under sodomy laws, affecting the Gay Lesbian Bisexual Alliance (GLBA), a recognized student group at the University of South Alabama. The University restricted GLBA's funding and privileges, prompting legal action claiming the statute constituted viewpoint discrimination. The district court sided with GLBA, ruling the statute violated First Amendment protections both on its face and as applied, and avoided addressing additional claims under the Equal Protection Clause. The appellate court affirmed this decision, emphasizing the statute's overbreadth and inability to be narrowly construed to align with constitutional standards. The court reinforced the principle that advocacy for illegal actions is protected unless it incites imminent lawless action, rejecting the Attorney General's arguments for a narrower reading. The ruling highlighted the impermissibility of viewpoint discrimination in limited public forums, particularly in educational settings, thus upholding the district court's judgment against the statute.

Legal Issues Addressed

First Amendment Protections for Advocacy

Application: The statute's prohibition of speech advocating violations of sodomy and sexual misconduct laws does not constitute protected speech unless it incites imminent lawless action.

Reasoning: The court disagrees, citing established precedent that the First Amendment protects advocacy for law violation unless it incites imminent lawless action.

Overbreadth and Facial Invalidity of Statutes

Application: The statute was found facially invalid due to its overbreadth, as it could not be narrowly interpreted to comply with constitutional standards.

Reasoning: The district court ruled that statute 16-1-28 violates the First Amendment on its face. Facial invalidation of a statute is a significant measure, typically reserved for cases where the overbreadth is deemed incurable and affects all applications of the statute.

Review Standards for Constitutionality and Factual Findings

Application: The constitutionality of statutes is reviewed de novo, while factual findings are examined for clear error, with the district court's findings generally upheld.

Reasoning: The constitutionality of statutes is reviewed de novo, while factual findings are examined for clear error. The district court's findings were generally upheld.

Viewpoint Discrimination in Limited Public Forums

Application: The denial of funding to GLBA based on the statute was deemed viewpoint discrimination, as it prohibited speech advocating for changes to sodomy laws while allowing speech supporting compliance.

Reasoning: It critiques the application of Section 16-1-28 against the Gay and Lesbian Business Alliance (GLBA), asserting that it constitutes viewpoint discrimination.