Madeline Krasno v. Jennifer Mnookin, Charles Hoslet, John Lucas, Mike Klein, and Nate Moll

Summary

On remand from the Seventh Circuit, the district court entered declaratory judgment for Madeline Krasno on her First Amendment free-speech claim concerning the University of Wisconsin-Madison’s social-media off-topic comment rule. The court denied permanent injunctive relief, concluding that declaratory relief was sufficient in light of defendants’ representations that they would revise their practices. The court entered judgment for defendants on Krasno’s First Amendment petition-clause claim and set deadlines for briefing her request for attorneys’ fees and costs.

Holdings

1. A permanent injunction was unnecessary because declaratory relief sufficiently addressed plaintiff's established First Amendment injury, defendants had disavowed future application of the challenged practices absent revision consistent with the Seventh Circuit's instructions, and an injunction would be difficult to define and enforce without improperly restricting legitimate moderation of off-topic comments.
2. The University of Wisconsin-Madison's social-media off-topic comment rule, as implemented against Krasno, violated her First Amendment right to free speech by discriminating against her anti-animal-testing and pro-animal-rights viewpoint.
3. The prior judgment for defendants on plaintiff's First Amendment right-to-petition claim remained in effect because plaintiff did not appeal that ruling and the Seventh Circuit did not address it.

Questions Presented

1. Whether a permanent injunction was necessary in addition to declaratory relief after the Seventh Circuit held that the university's off-topic comment rule violated plaintiff's First Amendment free-speech rights.
2. What declaratory relief should be entered on remand.
3. Whether the prior judgment for defendants on plaintiff's First Amendment petition-clause claim remained in effect.

Disposition

other