Partial Reversal of Denial of Preliminary Injunction in University Speech Policy Case, and Criminal Matter

By FindLaw Staff on July 28, 2010 | Last updated on March 21, 2019

Sonnier v. Crain, No. 09-30186, concerned plaintiff's appeal from the denial of a preliminary injunction seeking to enjoin enforcement of a speech policy regulating the time, place and manner, and other matters relating to speech by non-students on the campus of Southeastern Louisiana University.  The court of appeals affirmed in part on the ground that given that there are instances in which the seven-day notice requirement may be necessary, the district court did not abuse its discretion in denying the preliminary injunction for the facial challenge of the seven-day notice requirement.  However, the court reversed in part on the ground that, because of the unbridled discretion a security fee provision gave to the University, the district court abused its discretion in denying a preliminary injunction with regards to the security fee.

In US v. Balleza, No. 09-10131, the court of appeals affirmed defendant's sentence for conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine and conspiracy to commit money laundering, on the grounds that 1) given defendant's extensive involvement in the drug conspiracy, the district court's determination that defendant was not a minor participant in the offense was not implausible in light of the record as a whole, and, therefore, was not clearly erroneous; and 2) given the facts of the case and the deference given to district court sentencing decisions, defendant has not shown that the district court abused its discretion or that the sentence was unreasonable.

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