The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Declaratory Judgment Law Supreme Court Opinion

by Penn, Michele

 

SC20076 - Haughwout v. Tordenti ("In this appeal, we consider the limits of free speech on a public university campus in light of recent history that has led federal and state courts to describe threats of gun violence and mass shootings as the twenty-first century equivalent to the shout of fire in a crowded theater once envisioned by Justice Oliver Wendell Holmes, Jr. See, e.g., Ponce v. Socorro Independent School District, 508 F.3d 765, 772 (5th Cir. 2007); Milo v. New York, 59 F. Supp. 3d 513, 517 (E.D.N.Y. 2014); In re A.S., 243 Wis. 2d 173, 194, 626 N.W.2d 712 (2001). The plaintiff, Austin Haughwout, brought the present action seeking to challenge his expulsion from Central Connecticut State University (university). The plaintiff now appeals from the judgment of the trial court in favor of the defendants, Laura Tordenti, Ramon Hernandez, Christopher Dukes, and Densil Samuda, the university officials involved in that decision. On appeal, the plaintiff claims that the trial court incorrectly determined that the various statements and gestures with respect to gun violence and mass shootings that led to his expulsion from the university were true threats that are not protected by the first amendment to the United States constitution, rather than hyperbolic and humorous statements on a matter of public concern. Although a public university campus is a unique forum for the free exchange of controversial, unpopular, and even offensive ideas, we nevertheless conclude that the plaintiff's statements and gestures were true threats. Accordingly, we affirm the judgment of the trial court.")