Running head: HEALY V JAMES 1

Healy v James 408 U.S. 169 (1972)

McKenna Koewler

Wright State University

HEALY V JAMES 2

In September of 1969 (during the Vietnam War), a group of students from Central

Connecticut State College requested official recognition of their student organization, Students

for a Democratic Society (SDS). Many other political student organizations completed the same

process to become a recognized student organization. The process included an application review

by the Student Activities Committee, which was comprised of four students, three faculty

members, and the Dean of Student Activities. Upon the approval of the application, the Student

Activities Committee recommended the application to the university president for review.

Becoming an officially recognized student organization was critical to their success; this status

allowed the organization to reserve university space, obtain funding, and more. In SDS’s

application, the organization stated they would provide opportunities for students such as: a place

of discussion, the chances to alleviate issues of the leftist student point of view and integrate

thought into action.

As the Student Activities Committee reviewed SDS’s application, they determined the

application was too ambiguous. Therefore, questions were raised due to concerns about violence

as it connected to the National Students for a Democratic Society. SDS stated their response

would be different per situation and would not state whether they would use violence to stop that

action. Ultimately, the Student Activities Committee approved the organization with a vote of six

to two and recommended the reviewal by the president. Immediately, President James denied the

Students for a Democratic Society’s application under the circumstances of their national

affiliation, alignment of values with the institution, and the invasion of student privacy. At the

time, the national organization had been involved with many rallies, protest, and raids bringing a

negative outlook to their affiliated institution (David, n.d.).

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Barbara Healy, one of many students who requested SDS’s official recognition, felt their

First Amendment right was denied and took the issue to Federal Court. The Federal Court

requested Central Connecticut State College review their decision; however, President James

continued to deny the organizations application. The United States Court of Appeals Second

Circuit did not hear the oral argument until March of 1972. The court made a unanimous

decision in support of Healy and the Students for a Democratic Society.

The First Amendment “guarantees the right of citizens to assemble peaceably and to

petition their government” (Cornell Law School, n.d.). The denial diminished the students First

Amendment Right to Assemble. Healy v James has impacted the way student affairs professional

review organization requests and how to designate space for all organizations. This case set a

precedent for all colleges and universities to develop policies explicitly stating purposes of denial

and the proper procedures students should take to implement new student organizations.

Universities can still provide benefits to recognized student organizations; however, all students

must have the same opportunity to create an organization aligned with their interest.
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References

Cornell Law School. (n.d.) First amendment. Retrieved from https://www.law.cornell.edu/wex/

first_amendment

Davis, M. (n.d.) New left. Retrieved from https://www.britannica.com/topic/New-Left

Healy v. James. (n.d.). Oyez. Retrieved from https://www.oyez.org/cases/1972/71-452

The Editors of Encyclopaedia Britannica. (n.d.). Student for a democratic society. Retrieved
from https://www.britannica.com/topic/Students-for-a-Democratic-Society

Winston, A.M. (October 2014). Right to peaceful assembly: United States. Retrieved from
https://www.loc.gov/law/help/peaceful-assembly/us.php#_ftn1