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    Issue of compliance State v. Schmid

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    Compliance Discussion:The case:
    THE COLLEGE AND GOVERNMENT
    Trespass Statutes and Ordinances
    State v. Schmid
    Supreme Court of New Jersey
    84 N.J. 535, 423 A.2d 615 (1980)

    OPINION: The opinion of the Court was delivered by HANDLER, J.While distributing political literature on the campus of Princeton University, defendant Chris Schmid, a member of the United States Labor Party, was arrested and charged by the University with trespass upon private property. He was subsequently convicted under the State's penal trespass statute. On this appeal he challenges the conviction on the grounds that it stems from a violation of his federal and state constitutional rights to freedom of speech and assembly.

    Discussion question 1

    Does the court's opinion in Schmid unduly interfere with the autonomy of private colleges and universities? Should the court have recognized some type of "institutional academic freedom" that would protect private institutions against such exercises of state power? Think about Finkin, "On 'Institutional' Academic Freedom," 61 Tex. L. Rev. 817 (1983).

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    In my opinion, I would have to concur with the judgment to dismiss the case. Because the defendant had the valid issue to challenge the conviction on the grounds that it stems from a violation of his federal and state constitutional rights to freedom of speech and assembly.

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    This solution helps with a problem involving the issue of compliance.

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