Kincaid v. Gibson
Encyclopedia
Kincaid v. Gibson, 236 F. 3d 342 (6th Cir. 2001) was a United States
court case before the United States Court of Appeals for the Sixth Circuit
dealing with freedom of expression.
Charles Kincaid and Carpi Coffer, students at Kentucky State University
, filed the suit against Betty Gibson, KSU's Vice President for Student Affairs.
The Kentucky State University reviewed the 1992-1994 edition of The Thoroughbred Yearbook and the administration decided that it was not satisfactory and locked it in a closet. In particular the administration did not feel as though the yearbook should have a section with current events and they did not like the fact that the school colors were not on the yearbook.
Charles Kincaid and Carpi Coffer filed suit on behalf of the students against the university. Initially the lower courts ruled in favor of the school using the Hazelwood v. Kuhlmeier
case as an example of how students can be censored by school administrations. Eventually the case made it all the way to the Sixth Court of Appeals. After failing to win a decision the students appealed to have the district court rule en banc
.
The court heard the case on Jan. 5, 2001 and by a 10-3 decision decided for the students. This is significant because the court made it clear that the Hazelwood case should not be applied to the college media.
In March 2001, the students and KSU settled with money and attorney's fees changing hands to the students. Also the students, seven years later, received their yearbook that they had paid for in 1994.
http://www.belcherfoundation.org/kincaid_v_gibson.htm
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
court case before the United States Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky...
dealing with freedom of expression.
Charles Kincaid and Carpi Coffer, students at Kentucky State University
Kentucky State University
Kentucky State University is a four-year institution of higher learning, located in Frankfort, Kentucky, United States, the Commonwealth's capital. The school is an historically black university, which desegregated in 1954...
, filed the suit against Betty Gibson, KSU's Vice President for Student Affairs.
The Kentucky State University reviewed the 1992-1994 edition of The Thoroughbred Yearbook and the administration decided that it was not satisfactory and locked it in a closet. In particular the administration did not feel as though the yearbook should have a section with current events and they did not like the fact that the school colors were not on the yearbook.
Charles Kincaid and Carpi Coffer filed suit on behalf of the students against the university. Initially the lower courts ruled in favor of the school using the Hazelwood v. Kuhlmeier
Hazelwood v. Kuhlmeier
Hazelwood School District et al. v. Kuhlmeier et al., was a decision by the Supreme Court of the United States, which held that public school curricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection...
case as an example of how students can be censored by school administrations. Eventually the case made it all the way to the Sixth Court of Appeals. After failing to win a decision the students appealed to have the district court rule en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
.
The court heard the case on Jan. 5, 2001 and by a 10-3 decision decided for the students. This is significant because the court made it clear that the Hazelwood case should not be applied to the college media.
In March 2001, the students and KSU settled with money and attorney's fees changing hands to the students. Also the students, seven years later, received their yearbook that they had paid for in 1994.
Sources
http://www.thefileroom.orghttp://www.belcherfoundation.org/kincaid_v_gibson.htm