Board of Higher Education v. Rubain

We face on these cross motions the competing claims of a college disrupted by disorderly protest and of students relying on an uncontrovertible right to demonstrate. The Board of Higher Education, in its complaint, seeks permanent injunctive relief, and by its motion, temporary restraint. Defendants counter by motion to vacate the stay in the order to show cause, or its modification, and to dismiss the complaint for failure of underlying support and because in violation of the United States Constitution.

The college concerned is Herbert H. Lehman College of the City University, with an…