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Reason
Reason
Politics
Eugene Volokh

Claim That University of Oregon Equity Blocked Twitter User for Tweeting "All Men Are Created Equal" Can Go Forward

From Gilley v. Stabin, decided today by the Ninth Circuit, in an opinion by Judges Ryan Nelson and Daniel Collins:

Using the University's @UOEquity Twitter account, tova stabin, then Communication Manager for the University's Division of Equity and Inclusion, tweeted a prompt purporting to show ways to respond to racist comments. {We follow stabin's convention of not capitalizing her name.} Gilley quote tweeted the "racism interrupter" tweet by saying that "all men are created equal." In response, stabin blocked him from the University's @UOEquity account. His blocking lasted for two months. During that time, Gilley attempted to learn what policies governed his blocking. The University denied the existence of any such policy.

Gilley sued stabin … for violating his First Amendment rights…. In response, the University unblocked him ….

The court concluded that the challenge wasn't moot (with Judge William Fletcher dissenting):

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