The Student Press Law Center (SPLC) reports that the Tenth Circuit Court of Appeals has denied plaintiffs’ petition for an en banc rehearing of Lane v. Simon. The court’s denial ignores the troubling precedent set by the court’s initial ruling late last month, a concern voiced in an amicus brief filed by FIRE, the SPLC, and seven other journalism associations earlier this week.
The disappointing decision leaves Katie Lane and Sarah Rice, former editors of the Kansas State Collegian and plaintiffs in the case, little recourse but to petition the Supreme Court to hear the case. Lane, Rice and their attorney are currently considering their options. Of course, FIRE will provide updates as events warrant.