University of Alabama students appeal shutdown of magazines focused on Black culture, women’s voices
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The students behind “Nineteen Fifty-Six” and “Alice” say the university violated their First Amendment rights by suspending and defunding the publications.
A group of University of Alabama students is taking their fight over two shuttered student magazines to a federal appeals court, arguing that the university violated their First Amendment rights, according to The Alabama Political Reporter.
The students filed an appeal Wednesday with the U.S. Court of Appeals for the 11th Circuit, asking the court to overturn a lower court decision that allowed the university to keep the publications closed.
The dispute centers on “Nineteen Fifty-Six” and “Alice,” two student-run magazines that the university permanently suspended and defunded in December.
Founded in 2020, “Nineteen Fifty-Six” focused on Black culture, Black excellence and the experiences of Black students at Alabama. The publication was named for the year Autherine Lucy Foster, the first Black student to attend the university, enrolled at UA.
“Alice,” which launched in 2015, focused on lifestyle, fashion and wellness, with content primarily aimed at university women.
The university said the magazines engaged in what it described as “unlawful proxy discrimination” because of their focus on particular demographic viewpoints.
UA cited a nonbinding Justice Department memo issued by then-Attorney General Pam Bondi that outlined suggested practices for universities related to federal anti-discrimination laws and opposition to diversity, equity and inclusion policies.
Eight students who served or planned to serve as editors or contributors sued the university in March, arguing that the shutdowns amounted to viewpoint discrimination.
But in May, U.S. District Judge Edmund LaCour Jr. rejected their request to temporarily reopen the magazines while the case continued. He ruled that the university’s decision was based on the publications’ demographic focus, rather than an effort to silence a particular viewpoint.
Now, the students are asking the 11th Circuit to reconsider that decision.
Their attorneys argue that the lower court incorrectly treated the magazines as university speech rather than independent student speech. They also point to a U.S. Supreme Court decision, Rosenberger v. Rector and Visitors of the University of Virginia, which held that a university cannot withhold funding from a student publication because of its content.
The students’ attorneys say the case could affect student journalism and free expression on campuses beyond Alabama.
In the meantime, former staffers have continued publishing. Alumni organization MASTHEAD raised money to help students produce new magazines, “Selene” and “Sixty-Three,” which were published off campus in April.
The University of Alabama has also introduced a replacement publication, “Druid,” focused on life, art and culture in Tuscaloosa and the surrounding region.