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Pam Pearn and Michael Sinn just wanted roommates.

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Inthey each took out a classified ad in the Daily Nebraskan. But a policy created by the Board of Regents was used by the newspaper to deny Michael and Pam a classified ad because the mentioned their sexual orientation. As is often the case for the ACLU, this is a tricky area of law with competing interests.

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The ACLU is a champion of freedom of the press that has supported the rights of newspapers to publish — or not publish — content without government involvement. But we are also a champion for the rights of LGBT people and have stood up for the rights of LGBT people to express themselves in schools and other public forums.

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Pam and Michael sued the newspaper under claims that its refusal to print the violated their First Amendment right to free expression. In the fall of the 8th U. Circuit Court of Appeals upheld the decision.

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While this decision allowed the Daily Nebraskan to deny Pam and Michael their in the newspaper, it also created a legal precedent appreciated by the ACLU: The policies created by government agencies, such as the Board of Regents, cannot make editorial decisions for student newspapers. In other words, the students who produce the Daily Nebraskan have the First Amendment right to deny publication of an ad, but University officials cannot be involved in that decision. The award is given to an individual or entity that has helped the ACLU of Nebraska advance civil liberties in the last year.

We will feature several memories from our five decades of defending freedom in the Cornhusker state here. Do you have a favorite memory?

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Share it with us! A classified ad, sexual orientation and Free Speech.

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