Furumoto v. Lyman

MEMORANDUM OF OPINION, FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER AND JUDGMENT

Plaintiffs, former students at Stanford University, brought this action under 42 U.S.C. §§ 1983 and 1985 and the First, Fifth, Eighth, Ninth and Fourteenth Amendments. They invoke the jurisdiction of this Court under 28 U.S. C. §§ 1331 and 1343. Defendants are members of the Board of Trustees, administration and faculty of Stanford University. The claims arose from plaintiffs’ participation in a disturbance in a classroom at Stanford, for which they were given indefinite suspensions from the University. Plaintiffs seek an injunction preventing defendants from enforcing the campus regulations which were applied to them and from continuing plaintiffs’ suspensions. Each plaintiff also seeks $125,000 in damages plus interest, attorneys’ fees, costs, and any other appropriate relief. Defendants have moved for summary judgment.

I. STATEMENT OF FACTS 1

On January 18, 1972, shortly after 11:00 A.M., approximately fifteen people, including plaintiffs, entered Room 127, McCullough Building, on the Stanford University campus, where a scheduled quiz in a course on electrical engineering was being given under the supervision of Professor William Shockley. 2 The racial or ethnic composition of the group' was mostly non-Caueasian. Although plaintiffs were registered Stanford students it is not clear that all members of the group were Stanford students. The group’s sole purpose was to condemn Shockley’s view of genetics while demanding that he debate one Cedric Clark publicly. The intrusion was a planned event, with the members of the group acting in concert.

Shockley announced in a loud and clear voice to the group immediately after they had entered that they were interrupting a quiz and should leave the room. They refused to leave. Shockley then asked them to identify themselves, *1272 which they also refused to do. Most of the group settled in the rear of the room while a tall, black man, unidentified, went to the front and began to read a statement. An unidentified black woman began passing out copies of the statement to class members. The statement declared that Professor Shockley had been “found” by “Third World People” to be “racist” in his writings, speeches and actions. It called his theories “Nazi race theory” and claimed that he was seeking to justify “killing the future generation of black and other poor people * * It concluded that: “We will not allow this to happen.” (emphasis in statement) “As a first step,” it demanded that Professor Shockley meet one Cedric Clark in a public debate by February 28, 1972.

Shockley took Polaroid snapshots of the intruders, although the latter covered their faces. Mr. Troy Barbee, a member of the University staff, having received word of the intrusion, came to the classroom. Shockley gave the Polaroid exposures to him, but the black man, having finished his statement, walked toward Barbee, grabbed the exposures from him, and passed them to other intruders. They were never recovered. In an attempt to recover them, however, Barbee in effect pushed the black man down to the floor. Other intruders then rose and shouted accusations at Barbee. This event caused high tensions and the possibility of further disturbances, although generally tensions were low throughout the incident.

Before the black man had begun reading his statement, Shockley had turned on a cassette recorder. The black man turned it off, but Shockley turned it back on. After the black man had finished reading the statement, he removed the cassette and threw it along the floor to other intruders. The cassette too was not recovered.

The action of the intruders effectively prevented the students in Shockley’s electrical engineering class from taking the scheduled quiz.

During the black man’s statement, Shockley corrected his pronunciation of “eugenics” and “dysgenics.” Shockley entered into a debate or dialogue, mostly with the black woman. He, in the words of the Stanford hearing officer, “actively, engagingly, seductively, and provocatively contributed to the continuation” of this debate. The intruders made “baiting and accusatory type statements” of Shockley’s racism, allegations of genocide, and equated Shockley’s views with the racial views of Hitler. After the debate, which lasted less than thirty minutes, Shockley agreed to give serious consideration to a request for a debate made in the conventional manner as long as certain conditions were met. Once this understanding was reached, the intruders left the room.

Plaintiffs, and one other student, were charged in writing with having violated a university policy in disrupting the effective carrying out of a university function or approved activity. 3 In ac *1273 cordance with Stanford’s rules, this case was heard by a hearing officer, who was a professor of law. The hearing lasted eight days. The hearing officer concluded that additional warnings by Shockley that the intruders were disrupting the class would have been ignored.

The hearing officer found that plaintiff Alice Furumoto had been one of the intruders and had made provocative and derisive comments to Professor Shockley. She had known that the course in electrical engineering was in progress when she entered, and she shared the group’s purpose of condemning Shockley’s genetic theories and demanding the public debate. He found similarly that plaintiff Don Lee was one of the intruders, that he had known the course was in progress, and that he had shared the group’s purposes. He also found that plaintiff Kwonping Ho was one of the intruders, had known the course was in progress, and shared the group’s purposes. It was also established that plaintiff Ho commented at one point during the incident that the group was not there to debate but to ascertain whether Shockley would agree to debate Clark. With other intruders, he discussed this question with Shockley and reached an understanding. He also asked one of the students in the course if he “knew what his professor was advocating.” As to the other person charged, the hearing officer held that the University administration had failed to prove beyond a reasonable doubt that she had been present or had aided and abetted in the events.

After a hearing, the Campus Judicial Panel affirmed the hearing officer’s findings and recommended the indefinite suspension of plaintiffs. 4 The President of Stanford, defendant Richard W. Lyman, adopted that recommendation, and plaintiffs were indefinitely suspended from Stanford. 5

II. PLAINTIFFS’ TWO CAUSES OF ACTION

Plaintiffs’ first cause of action is based on 42 U.S.C. § 1983 6 and claims a' deprivation of civil rights and privileges under color of state law. Plaintiffs claim that defendants denied them exercise of their First Amendment rights; that defendants applied to them unconstitutionally vague and overly broad campus regulations on disruption; that the sanction given them, indefinite suspension, constitutes cruel and unusual punishment in that it is disproportionate to the offense charged; and finally that defendants supported racism by giving Professor Shockley a forum and “academic respectability” for his genetic theories and by punishing plaintiffs for their anti-racist actions, causing them grave and irreparable injury.

*1274 In their second cause of action, based on 42 U.S.C. § 1985(3), 7 plaintiffs claim that defendants entered into a conspiracy to deprive them of equal protection of the law in that defendants supported racism and punished plaintiffs’ efforts to oppose racism, that defendants sanctioned them but not the University band which had disrupted classes, and that defendants prosecuted them but not others who took similar actions on other occasions.

III. JURISDICTION

Plaintiffs’ allegations fulfill the necessary jurisdictional elements of 42 U.S.C. §§ 1983 and 1985 and 28 U.S.C. § 1343. Although several of the allegations appear insubstantial, the proper judicial course is to assume jurisdiction and then determine whether the allegations constitute claims upon which relief can be granted. Bell v. Hood, 327 U.S. 678, 682, 66 S.Ct. 773, 776, 90 L.Ed. 939 (1946):

“Jurisdiction * * * is not defeated * -» by the possibility that the averments might fail to state a cause of action on which petitioners could actually recover * * *. Whether the complaint states a cause of action on which relief could be granted is a question of law and just as issues of fact it must be decided after and not before the court has assumed jurisdiction over the controversy.”

See also Meredith v. Allen County War Memorial Hospital Com’n, 397 F.2d 33, 35 (6 Cir. 1968); Stambler v. Dillon, 302 F.Supp. 1250, 1252 (S.D.N.Y. 1969).

IV. NO CLAIM IS ALLEGED AGAINST DEFENDANT SHOCKLEY OR DEFENDANT TRUSTEES UPON WHICH RELIEF CAN BE GRANTED

It is a generally accepted and worthy principle that pleadings in civil rights actions should be construed liberally. However, where there is no basis for the claim, the action must be dismissed. Whether a cause of action has been stated upon which relief can be granted is determined by “the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957); Cohen v. Norris, 300 F.2d 24 (9 Cir. 1962). Thus, courts have dismissed causes of action under the Civil Rights Act if the allegations did not relate to a deprivation of civil rights or were lacking in factual substance. See United States ex rel. Hyde v. McGinnis, 429 F.2d 864 (2 Cir. 1970). Where, as here, civil conspiracy is the basis of a claim, particular facts must be alleged which show a conspiracy depriving the complaining party of the equal protection of the laws or of equal privileges and immunities under the laws. General accusations do not suffice. Gillibeau v. City of Richmond, 417 F.2d 426, 428-430 (9 Cir. 1969); Hoffman v. Halden, 268 F.2d 280, 295 (9 Cir. 1959).

In this case, plaintiffs’ allegations as to the Trustees and as to Professor Shockley do not amount to claims upon which relief can be granted. The complaint alleges that all defendants *1275 have supported racism in punishing plaintiffs who were protesting racism instead of supporting them in their actions. They also charge defendants with supporting racism by giving Professor Shockley a forum for his genetic theories and academic respectability while denying a forum for anti-racist views. The only other actions which plaintiffs attribute to the Trustees are managing and controlling the University and vesting authority and responsibility for student conduct and discipline in the President of the University. Plaintiffs have expressly denied reliance on the theory of respondeat superior 8 and aver that all defendants have been sued for their own individual actions. This Court, therefore, holds that with respect to the first cause of action under § 1983, liberally construed, the allegations do not state facts or lead to reasonable inferences that the Trustees deprived plaintiffs of civil rights or privileges. 9

The second cause of action charges that the Trustees conspired to deprive plaintiffs of equal protection of the law by punishing them under unconstitutional regulations while not punishing others who engaged in similar conduct. No specific acts on the part of the Trustees are alleged with respect to the conspiracy. Thus, as to the Trustees, the second cause of action is conelusory and insufficient for a claim upon which relief can be granted.

The complaint claims that Professor Shockley’s writings are racist, “highly offensive” to anyone opposing racism, and “antagonize and anger” those in opposition. These claims upon analysis simply amount to vehement disagreement with another person’s exercise of his First Amendment rights, not a statement of a claim under § 1983. The hearing officer’s finding that Shockley did contribute to the continuation of the debate in his classroom does not suggest any deprivation of plaintiffs’ civil rights. The second cause of action simply includes Shockley in the alleged conspiracy and again is purely conclusory. Thus, plaintiffs have failed to state a claim upon which relief can be granted against Professor Shockley. 10

*1276 V. “COLOR OF STATE LAW” UNDER § 1983

To establish their claims under § 1983, plaintiffs must show that they were deprived of civil rights by the remaining defendants, 11 who in their official capacities were acting “under color of state law.” To make this showing, plaintiffs must demonstrate that defendants’ official acts in effect were state actions. See United States v. Price, 383 U.S. 787, 794, n. 7, 86 S.Ct. 1152, 16 L.Ed.2d 267 (1966). Preliminarily, there are essentially two theories of state action. First, if an institution is governmental in nature or serves a public function, its acts can be viewed as state ac tion. See Food Employees v. Logan Valley Plaza, 391 U.S. 308, 88 S.Ct. 1601, 20 L.Ed.2d 603 (1968) (shopping center); Evans v. Newton, 382 U.S. 296, 86 S.Ct. 486, 15 L.Ed.2d 373 (1966) (park); Terry v. Adams, 345 U.S. 461, 73 S.Ct. 809, 97 L.Ed. 1152 (1953) (primary election); Marsh v. Alabama, 326 U.S. 501, 66 S.Ct. 276, 90 L.Ed. 265 (1945) (company town); cf. Lloyd Corp. v. Tanner, 407 U.S. 551, 92 S.Ct. 2219, 33 L.Ed.2d 131 (1972). Second, if the state government is directly involved in the activity in question, private activity can become state action. See Burton v. Wilmington Pkg. Auth., 365 U.S. 715, 81 S.Ct. 856, 6 L.Ed.2d 45 (1961); cf. Moose Lodge No. 107 v. Irvis, 407 U.S. 163, 92 S.Ct. 1965, 32 L.Ed.2d 627 (1972). Plaintiffs contend, in effect, that despite the fact that Stanford is not a state-operated university, defendants’ acts were state action under both theories.

A. Governmental in Nature

Plaintiffs’ contention is that the State of California has, by conferring certain powers and benefits upon Stanford, in fact transformed it into a state agency, and hence the remaining defendants in carrying out their official responsibilities were acting under color of state law. They cite the founding of Stanford by a special act of the California legislature, 12 the granting to Stanford’s Board of Trustees of corporate powers and privileges, 13 the State’s permission to Stanford to charge tuition to California residents, 14 the exemption of Stanford’s land from the real property tax and Stanford operations from state income taxes, 15 and the authorization of the use of eminent domain on Stanford’s behalf. 16 They also point to the requirement of State approval of Stanford’s criteria for awarding degrees, 17 and the State’s involvement in student discipline. 18 Plaintiffs allege that Stanford receives financial support from the State, a claim which defendants deny and as to which there is no support in the record, apart from those provisions already cited which at most amount to indirect State support. Indeed, there is a prohibition in the State Constitution of direct State subsidies to private educational institutions. 19 Plaintiffs also argue that Stanford performs a public function — higher education — which makes it governmental in nature. If Stanford did not exist, they contend, the State would have an additional educational burden. 20

*1277 These facts do not demonstrate, however, that Stanford should be viewed as an arm of the State 21 The eases relied upon heavily by plaintiffs are inapposite. Evans v. Newton, 382 U.S. 296, 300, 86 S.Ct. 486, 15 L.Ed.2d 373 (1966), for instance, in which the Supreme Court stressed the municipal, public nature of the park in question, also distinguished private schools from the “public function” that the park served:

“The range of governmental activities is broad and varied, and the fact that government has engaged in a particular activity does not necessarily mean that an individual entrepreneur or manager of the same kind of undertaking suffers the same constitutional inhibitions. While a State may not segregate public schools so as to exclude one or more religious groups, those sects may maintain their own parochial educational systems. # * *

“If a testator wanted to leave a school or center for the use of one race only, and in no way implicated the State in the supervision, control, or management of that facility, we assume arguendo that no constitutional difficulty would be encountered.”

In Commonwealth of Pennsylvania v. Brown, 270 F.Supp. 782 (E.D.Pa.1967), aff’d, 392 F.2d 120 (3 Cir. 1968), cert. denied, 391 U.S. 921, 88 S.Ct. 1811, 20 L.Ed.2d 657 (1968), the facts were closely analogous to Evans v. Newton, supra. The mayor, aldermen, and citizens of Philadelphia had originally been the trustees of Girard College, which had racial restrictions on the admission of students. Private trustees were later substituted for the city trustees, but the Orphans Court continued to be involved in the school’s operations. The College continued to send reports to the state legislature, and it was still supervised by state agencies. There also was evidence that public school principals assisted the College in finding applicants. Given these factors present in Broum, the holding and dicta of that case do not have broad applicability. Similarly, Guillory v. Administrators of Tulane University of La., 203 F.Supp. 855 (E.D.La.1962), rests upon the fact that Tulane was originally a public institution and that nothing sufficient was shown as to how it could have become private. Again, the dicta are not applicable to this case. 22 Belk v. Chancellor of Washington University, 336 F.Supp. 45 (E.D.Mo.1970), involved the authority of a university president, given by the state, to provide educational services and his failure to prevent disruption of classes. The court in Belk distinguished cases of student suspension in which state action was not found. 336 F.Supp. at 46-47. Finally, Brown v. Strickler, 422 F.2d 1000 (6 Cir. 1970), concerned a municipal university, not a private one, financed by public funds.

Other cases cited by plaintiffs in support of their claims of state action are also inapplicable to the case at hand. United States v. Wiseman, 445 F.2d 792 (2 Cir. 1971), cert. denied, 404 U.S. 967, 92 S.Ct. 346, 30 L.Ed.2d 287 (1971), concerned a claim that defendant had caused false affidavits of service of *1278 process to be delivered to a court clerk. That activity is a narrow, specific one that is an incident of the judicial process. Though Eaton v. Grubbs, 329 F.2d 710 (4 Cir. 1964), did characterize the exercise of eminent domain as governmental in nature, that case also included many other weighty indicia of state action : state. capital construction subsidies for a hospital, the donation by the city and county of a new building and land, with a reverter clause, and governmental regulations of the day-to-day hospital administration and operation.

In contrast to the inapplicability of the authorities which plaintiffs have cited, a long line of cases under facts very similar to this case have found no state action in a university context. Grafton v. Brooklyn Law School, 478 F.2d 1137 (2 Cir. 1973) (state subsidy and regulation, requirements of N. Y. Court of Appeals governing qualification as “approved law school”) Blackburn v. Fisk University, 443 F.2d 121 (6 Cir. 1971) (state chartering, tax exemption, power to condemn property adjacent to campus) ; Browns v. Mitchell, 409 F.2d 593 (10 Cir. 1969) (incorporation by state, tax exemption for special income from noneducational income-producing property) ; Powe v. Miles, 407 F.2d 73 (2 Cir. 1968) (state charter, regulation of standards, financial aid, operated state college of ceramics on campus under contract with state which paid expenses of said college); Brownley v. Gettysburg College, 338 F.Supp. 725 (M.D.Pa.1972) (state approval of program of training public school teachers, state scholarships to qualified students); Bright v. Isenbarger, 314 F.Supp. 1382 (N.D.Ind.1970), aff’d per curiam, 445 F.2d 412 (7 Cir. 1971) (state regulation of educational standards, tax exemption) ; Torres v. Puerto Rico Junior College, 298 F.Supp. 458 (D.P.R.1969) (federal grants, loans, scholarships); and Grossner v. Trustees of Columbia University in City of N. Y., 287 F.Supp. 535 (S.D.N.Y.1968) (state financial aid). Compare Braden v. University of Pittsburgh, 343 F.Supp. 836 (W.D.Pa.1972), a district court finding of no state action which has been vacated and remanded by the United States Court of Appeals for the Third Circuit. 477 F.2d 1 (3 Cir. 1973). In that case, however, the state had the power to appoint at least one third of the university’s trustees. 23

A finding of general state action here would require more than an accumulation of the state benefits or regulations cited by plaintiffs. These factors do not establish state control or the inherently governmental nature of the university. Plaintiffs have not demonstrated that Stanford is controlled by the State of California or that Stanford does not have a substantial sphere of private, independent authority and initiative. The State’s grant to Stanford of corporate powers and privileges is not evidence of State control. The State has thus merely given Stanford substantially the same corporate powers and privileges given to any corporation formed under its laws. 24 Nor can plaintiffs find support in the power granted Stanford by legislation to charge tuition to California residents. California Education Code § 30021. The absence of such power would be more noteworthy than its presence in that it could be argued then that Stanford would have been forced by the State to sacrifice normal fees for the interests of the State’s citizens. The tax exemptions granted to Stanford extend also to many other nonprofit-making institutions. 25 These exemptions and the power of emi *1279 nent domain are indeed benefits accorded Stanford by the State, but the legislature is thereby promoting what it views to be the public interest in the existence of private educational institutions. Even if the State directly subsidized the University, this financial aid would not necessitate a finding of State control. The question would then be what control did the State obtain over the University. Here the record is barren as to any control. Nor do the State requirements of certain criteria for awarding degrees constitute State control. The State is thus protecting its citizens from the possibility of substandard education offered by private educational institutions. The State’s concern for student discipline, the subject of the next subsection, has not been shown by plaintiffs to amount to direct involvement in Stanford’s disciplinary process. Finally, plaintiffs’ argument that Stanford performs a vital public function which, if Stanford did not exist, the State would have to fulfill, could be extended to virtually all private endeavors. New institutions, if any, would remain in the private realm. Higher education certainly does serve a public function; thus

* * plaintiffs are correct in a trivial why when they say education is ‘impressed with a public interest’. Many things are. And it may even be that action in some context or other by such a University as Columbia would be subject to limitations like those confining the State. But nothing supports the thesis that university (or private elementary) ‘education’ as such is ‘state action.’ ” Grossner v. Trustees of Columbia University in City of N. Y., 287 F.Supp. 535, 549 (S.D.N.Y.1968).

The Court of Appeals for this Circuit has said in another, instructive context that: “The fact that a private corporation, such as Pacific Bell, enjoys an economic monopoly which is protected and regulated by the state does not necessarily bring its every act within the purview of Section 1983.” Martin v. Pacific Northwest Bell Telephone Company, 441 F.2d 1116, 1118 (9 Cir. 1971), cert. denied, 404 U.S. 873, 92 S.Ct. 89, 30 L.Ed.2d 117 (1971).

B. State Involvement in the Specific Activity in Question

For what would otherwise be private action to become state action, the state must have “so far insinuated itself into a position of interdependence * * * that it must be recognized as a joint participant in the challenged activity, which, on that account, cannot be considered to have been so ‘purely private’ as to fall , without the scope of the Fourteenth Amendment.” Burton v. Wilmington Pkg. Auth., 365 U.S. 715, 725, 81 S.Ct. 856, 862, 6 L.Ed.2d 45 (1961). The question of state action can only be answered “in the framework of the peculiar facts or circumstances present.” 365 U.S. at 726, 81 S.Ct. at 862.

Plaintiffs contend that the State of California was a joint participant in the student discipline process which led to their suspension. They claim that the State “implicitly” required Stanford to promulgate rules and regulations on student conduct and discipline, that the State deems any student receiving State financial aid to have agreed to abide by those rules and regulations, that the State denies aid to any student found by Stanford to have violated the rules or disrupted the orderly operation of the campus, and that the State has amended its trespass statute so that refusal to leave the University’s private property upon the request of University officials is subject to criminal prosecution.

The United States Court of Appeals for the Second Circuit faced a similar issue in Coleman v. Wagner College, 429 F.2d 1120 (2 Cir. 1970). There the state required that a college’s rules and regulations be filed with it; failure to file resulted in the loss of the institution’s eligibility for state aid. The state did not require its approval of the rules, nor,did it proscribe any activities. The court held that, where the state does not *1280 expressly undertake campus regulation, evidence is needed indicating that the state has in fact done so, e.g., by state refusal to accept the filing of “inadequate” rules or by the reasonable belief on the part of' college officials that a certain “stance” toward student discipline is required of them by the state. 429 F.2d at 1125. This approach is a reasonable one, and this Court will follow it.

In the present case, the State has amended a criminal statute which Could cover campus disruption. California Penal Code § 602(n) provides that a misdemeanor is committed by “[r]efusing or failing to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave by a police officer and the owner, his agent or the person in lawful possession thereof.” There is no showing here, however, that the University has abdicated responsibility for student discipline in favor of the State’s laws, that the State has pressured the University to conform its rules to the State laws, or that the State has applied pressure to University officials to achieve certain types of campus regulations. Under these circumstances, the overlap in subject matter of State law and University regulations does not establish state action in Stanford’s enforcement of its regulations. The only evidence before this Court on this issue is the affidavit of Robert J. Glazer who, as Acting President of the University in 1968, promulgated the Policy on Campus Disruption prior to the adoption in 1969 by the State Legislature of § 31291 of the California Education Code which concerns university discipline. He states that those regulations were never discussed with any representative or agent of the State, that they were not “in any way conceived, considered, caused or effected because of the existence or knowledge of any laws or regulations of the State of California or any of its agencies” and that at the time of their promulgation he was unaware of any State requirement that such regulations be adopted. This statement also refutes plaintiffs’ contention of an implicit state requirement of such regulations.

The State has also provided that recipients of its financial aid shall be deemed to have agreed to observe the rules and regulations of their university. California Education Code § 31291. But plaintiffs were neither applicants for nor recipients of such aid, 26 and even if they were, the State does not require any particular substantive regulations. The same statute provides further that any recipient'of such aid who is suspended by a university for acts of disruption will be ineligible for State aid for a period of not less than the time of suspension. California Education Code § 31291. Again, the Glazer affidavit demonstrates that this statute has had no impact on the University in the way that it handles discipline.

For these reasons, plaintiffs have failed to show state action on the part of defendants, and thus their claim under § 1983 must fail.

VI. THE MERITS OF PLAINTIFFS’ CLAIMS OF DEPRIVATION OF CIVIL RIGHTS UNDER § 1983

Even if state action were present in this case, plaintiffs’ claims fail.

A. Plaintiffs’ First Amendment Rights

Although it is not entirely clear from plaintiffs’ complaint, one element of their claim seems to be that defendants punished them for their expression of opposition to racism, thus denying them their rights under the First Amendment.

That the plaintiffs as students retained their First Amendment rights upon entering the University is clear beyond question. Tinker v. Des Moines School Dist., 393 U.S. 503, 506, 89 S.Ct. *1281 733, 21 L.Ed.2d 731 (1969); Healy v. James, 408 U.S. 169, 180, 92 S.Ct. 2338, 33 L.Ed.2d 266 (1972). But those rights do not include an absolute right to determine how, where, and when such protected expression will take place:

“ * * * conduct by the student, in class or out of it, which for any reason — whether it stems from time, place, or type of behavior — materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional guarantee of freedom of speech.” 393 U.S. at 513, 89 S.Ct. at 740.

See also Adderley v. Florida, 385 U.S. 39, 47-48, 87 S.Ct. 242, 17 L.Ed.2d 149 (1966); Cox v. Louisiana, 379 U.S. 536, 554-555, 85 S.Ct. 453, 13 L.Ed.2d 471 (1965); Barker v. Hardway, 394 U.S. 905, 89 S.Ct. 1009, 22 L.Ed.2d 217