DES MOINES, Iowa — Iowa State University lost another appeal in a federal court case over the decision of administrators to prevent a marijuana advocacy group from printing a T-shirt that included the university logo and a marijuana leaf.
The 8th U.S. Circuit Court of Appeals on Tuesday for the second time said ISU administrators including former President Steven Leath violated First Amendment rights of two students who were top officers of the ISU chapter of the National Organization for Reform of Marijuana Laws.
The ruling also find the four administrators including former Senior Vice President Warren Madden, former Senior Vice President for Student Affairs Tom Hill and Leesha Zimmerman, director of ISU’s trademark office can be held personally responsible for violating the students’ constitutional rights, setting up the potential for the students to seek monetary damages.
Iowa taxpayers would be responsible for paying, since state law indemnifies state employees sued in federal court for action pertaining to their jobs.
The students, Paul Gerlich and Erin Furleigh, planned in 2012 to print T-shirts “NORML ISU” on the front with the university’ mascot, Cy the Cardinal. On the back the shirt read, “Freedom is NORML at ISU” with a small cannabis leaf above NORML.
The university initially approved the group’s design but later blocked it claiming it violated the school’s trademark policy after getting pressure from conservative lawmakers and an appointee of then-Republican Gov. Terry Branstad.
The students sued in July 2014 and in early 2016 U.S. District Judge James Gritzner ruled the administrators violated the students’ free speech rights and barred the university from prohibiting printing the T-shirt. The administrators appealed.