Page:Novoa v. Diaz.pdf/88

 religious beliefs and his after-class meeting “[were] unwarranted at a public institution such as The University of Alabama and should cease.” Id. Failing to persuade the President of the University to rescind the memo, the professor sued for declaratory and injunctive relief, alleging that the memo violated his free speech rights, among other constitutional violations. Id. at 1070. After the case proceeded to a final order of summary judgment in the professor’s favor, the Eleventh Circuit reversed the district court. Id.

In reversing the district court, the Eleventh Circuit noted that the “University’s restrictions with respect to classroom conduct issued under its authority to control curriculum” did not infringe the professor’s free speech rights. Id. at 1078. In addition, the Eleventh Circuit held that “the memo’s restriction with respect to the optional after-class meeting” did not infringe the professor’s free speech rights, given that the “ ‘extra’ or ‘optional’ class or meeting [was] under the patronage of a university course” and that the meeting was held so close to the course’s final examination. Id.

To reach these conclusions, the Eleventh Circuit applied a “case-by-case inquiry into whether the legitimate interests of the authorities [were] demonstrably sufficient to circumscribe [the] teacher’s speech.” Bishop, 926 F. 2d at 1074 (internal quotation marks and citation omitted). The Court suggested a balance of interests, taking “as its polestar Kuhlmeier’s concern for the ‘basic educational mission’ of the