Texas Wesleyan Law Review
Christian Legal Society v. Martinez: The Death Knell of Associational Freedom on the College Campus
This Article will explore the Martinez Court's decision to allow the public university to completely restrict the associational rights of its student groups in deference to its own prerogatives of equal access. First, this Article will describe the factual and procedural background of the case. Second, Justice Ginsburg's majority opinion, and more specifically the analytical decision to subject associational rights to public forum free speech jurisprudence, will be explained and analyzed. Third, a more comprehensive analysis will be provided as to why associational rights should not have been eliminated in the public forum, including implications for the public university environment in the future. Finally, the Article will provide a brief conclusion.
Zachary R. Cormier,
Christian Legal Society v. Martinez: The Death Knell of Associational Freedom on the College Campus,
Tex. Wesleyan L. Rev.
Available at: https://doi.org/10.37419/TWLR.V17.I3.1