Opinions & Commentaries

In Freedman v. Maryland, 380 U. S. 51 (1965), a case involving a state motion-picture censorship scheme, the Court announced procedural requirements necessary to guard against unconstitutional prior restraint of expression. *281 Those requirements included assurance of "a prompt final judicial decision, to minimize the deterrent effect of an interim and possibly erroneous denial of a license." Id., at 59. Twenty-five years later, in FW/PBS, Inc. v. Dallas, 493 U. S. 215 (1990), the Court applied some of the Freedman standards to a municipal ordinance conditioning the operation of sexually oriented businesses on receipt of a license. Unsuccessful applicants for an adult business license, the opinion announcing the judgment stated, must be accorded "an avenue for prompt judicial review." 493 U. S., at 229.

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October 7, 2016

In August, we told you about an unusual and important due process case involving former University of California, San Diego (UCSD) student Jonathan Dorfman, who was expelled after being accused of copying another student’s Scantron sheet during a 2011 chemistry exam.

Dorfman sued the school in 2012, alleging that administrators committed critical due process violations by failing to consider readily available evidence that would have exonerated him—namely, the identity of the student he was alleged to have copied from—and the question of whether that student was even in the same room as Dorfman during the exam. 

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October 4, 2016

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