Princeton University v. Schmid, No. 80-1576

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM; BRENNAN
Citation102 S.Ct. 867,455 U.S. 100,70 L.Ed.2d 855
Decision Date13 January 1982
Docket NumberNo. 80-1576
PartiesPRINCETON UNIVERSITY and New Jersey, Appellants v. Chris SCHMID

455 U.S. 100
102 S.Ct. 867
70 L.Ed.2d 855
PRINCETON UNIVERSITY and New Jersey, Appellants

v.

Chris SCHMID.

No. 80-1576.
Jan. 13, 1982.

Page 101

PER CURIAM.

I

Appellee Schmid was arrested and charged with criminal trespass while distributing political materials on the campus of Princeton University. Schmid was not a student at Princeton University. Under University regulations then in effect, members of the public who wished to distribute materials on the campus were required to receive permission from University officials. Appellee was tried in Princeton Borough Municipal Court and on October 20, 1978, the trial judge issued an opinion convicting appellee and fining him $15 plus $10 costs. A de novo trial in the New Jersey Superior Court, Law Division, also resulted in conviction and the same fine was imposed. While appeal was pending to the Superior Court, Appellate Division, the case was certified for review by the New Jersey Supreme Court. That court invited the University to intervene and participate as a party, which it did.

The New Jersey Supreme Court reversed the judgment of conviction, holding that appellee's rights of speech and assembly under the New Jersey Constitution had been violated. State v. Schmid, 84 N.J. 535, 423 A.2d 615 (1980). The University filed a notice of appeal and jurisdictional statement. Its claim is that the judgment below deprives it

Page 102

of its rights under the First, Fifth, and Fourteenth Amendments of the United States Constitution. The State of New Jersey did not file a separate jurisdictional statement but joined in that of the University. We postponed jurisdiction, 451 U.S. 982, 101 S.Ct. 2312, 68 L.Ed.2d 838 (1981), and now dismiss the appeal for want of jurisdiction.

II

The State of New Jersey has filed a brief in this Court asking us to review and decide the issues presented, but stating that it "deems it neither necessary nor appropriate to express an opinion on the merits of the respective positions of the private parties to this action." Brief for Appellant State of New Jersey 4. Had the University not been a party to this case in the New Jersey Supreme Court and had the State filed a jurisdictional statement urging reversal, the existence of a case or controversy and of jurisdiction in this Court—could not be doubted. However, if the State were the sole appellant and its jurisdictional statement simply asked for review and declined to take a position on the merits, we would have...

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206 practice notes
  • City of Mesquite v. Aladdin Castle, Inc, No. 80-1577
    • United States
    • United States Supreme Court
    • February 23, 1982
    ...the city's revision of the ordinance. This conclusion is not inconsistent with our recent disposition of Princeton University v. Schmid, 455 U.S. 100, 102 S.Ct. 867, 70 L.Ed.2d 855 (per curiam ). In that case, Princeton University's regulations governing solicitation and similar activity on......
  • Hollowell v. VA. MARINE RESOURCES COM'N, Record No. 0948-09-1.
    • United States
    • Virginia Court of Appeals of Virginia
    • April 20, 2010
    ...in light of those amendments to the regulation, "the regulation at issue below is no longer in force," Princeton Univ. v. Schmid, 455 U.S. 100, 103, 102 S.Ct. 867, 869, 70 L.Ed.2d 855 (1982) (per curiam) (holding that university's amendments to its subject regulation made moot a challenge t......
  • United States v. Muhtorov, 18-1366
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • December 8, 2021
    ...were inconsistent with the Fourth Amendment).[27] The FISC thus does not "decide hypothetical issues," Princeton Univ. v. Schmid, 455 U.S. 100, 102 (1982), or proceed from "speculative contingencies," Hall, 396 U.S. at 49. It determines whether the government's proposed procedures, which ar......
  • 1000 Friends of Wis. Inc. v. U.S. Dep't of Transp., Nos. 16-2321 & 16-2586
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • June 19, 2017
    ...2652, 186 L.Ed.2d 768 (2013) ; Diamond v. Charles , 476 U.S. 54, 106 S.Ct. 1697, 90 L.Ed.2d 48 (1986) ; Princeton University v. Schmid , 455 U.S. 100, 102 S.Ct. 867, 70 L.Ed.2d 855 (1982) ; Kendall–Jackson Winery, Ltd. v. Branson , 212 F.3d 995 (7th Cir. 2000).We suggested in Kendall–Jackso......
  • Request a trial to view additional results
206 cases
  • City of Mesquite v. Aladdin Castle, Inc, No. 80-1577
    • United States
    • United States Supreme Court
    • February 23, 1982
    ...the city's revision of the ordinance. This conclusion is not inconsistent with our recent disposition of Princeton University v. Schmid, 455 U.S. 100, 102 S.Ct. 867, 70 L.Ed.2d 855 (per curiam ). In that case, Princeton University's regulations governing solicitation and similar activity on......
  • Hollowell v. VA. MARINE RESOURCES COM'N, Record No. 0948-09-1.
    • United States
    • Virginia Court of Appeals of Virginia
    • April 20, 2010
    ...in light of those amendments to the regulation, "the regulation at issue below is no longer in force," Princeton Univ. v. Schmid, 455 U.S. 100, 103, 102 S.Ct. 867, 869, 70 L.Ed.2d 855 (1982) (per curiam) (holding that university's amendments to its subject regulation made moot a challenge t......
  • United States v. Muhtorov, 18-1366
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • December 8, 2021
    ...were inconsistent with the Fourth Amendment).[27] The FISC thus does not "decide hypothetical issues," Princeton Univ. v. Schmid, 455 U.S. 100, 102 (1982), or proceed from "speculative contingencies," Hall, 396 U.S. at 49. It determines whether the government's proposed procedures, which ar......
  • 1000 Friends of Wis. Inc. v. U.S. Dep't of Transp., Nos. 16-2321 & 16-2586
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • June 19, 2017
    ...2652, 186 L.Ed.2d 768 (2013) ; Diamond v. Charles , 476 U.S. 54, 106 S.Ct. 1697, 90 L.Ed.2d 48 (1986) ; Princeton University v. Schmid , 455 U.S. 100, 102 S.Ct. 867, 70 L.Ed.2d 855 (1982) ; Kendall–Jackson Winery, Ltd. v. Branson , 212 F.3d 995 (7th Cir. 2000).We suggested in Kendall–Jackso......
  • Request a trial to view additional results

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