If a state university creates a limited public forum for speech, it may not “discriminate against speech on the basis of its viewpoint.” [Rosenberger v. Rector (1995).] A university “establish[es] limited public forums by opening property limited to use by certain groups or dedicated solely to the discussion of certain subjects.” … A university’s student activity fund is an example of a limited public forum. ISU created a limited public forum when it made its trademarks available for student organizations to use if they abided by certain conditions.

The defendants’ rejection of NORML ISU’s designs discriminated against that group on the basis of the group’s viewpoint. The state engages in viewpoint discrimination when the rationale for its regulation of speech is “the specific motivating ideology or the opinion or perspective of the speaker.” … The defendants’ discriminatory motive is evidenced by the unique scrutiny defendants imposed on NORML ISU after the [controversy arose]. …

Defendants argue that the political pushback that they received regarding T- Shirt Design #1 did not play a role in their decision making. This argument ignores significant evidence to the contrary. For example, [ISU President Steven] Leath testified that “anytime someone from the governor’s staff calls complaining, yeah, I’m going to pay attention, absolutely.” Leath also testified that the reason the Trademark Policy was on the president’s cabinet meeting agenda which took place five days after the Des Moines Register article was published was “because we were getting pushback.” Leath went on to testify that “[i]f nobody’d ever said anything, we didn’t know about it, it didn’t appear in The Register, we’d probably never raised the issue.”

The record is also replete with statements from defendants regarding their political motives. Leath explained at his deposition that because T-Shirt Design #1 “had some political public relations implications,” someone should have “run it up the chain” because “there are some issues that are clearly going to cause controversy and it’s better to manage them on the front end.” He also testified that “in a state as conservative as Iowa on many issues, … it was going to be a problem.” [Senior VP for Student Affairs Thomas] Hill stated in an interview with the Ames Tribune that the reason student groups associated with political parties could use ISU’s logos, but groups like NORML ISU may not, is because “[w]e encourage students to be involved in their duties as a citizen.” Such a statement implies that Hill believed that the members of NORML ISU were not undertaking their duties as citizens by advocating for a change in the law.

[ISU Trademark Office Director Leesha] Zimmerman stated in an email to NORML ISU’s faculty advisor in May 2013 that the group’s design that included the statement “Legalize Marijuana” was rejected because “‘Legalize Marijuana’ is a call to action but it does not suggest any specific way your organization is making that happen.” Zimmerman went on to say that the group’s design applications “appear to have a certain shock or attention grabbing sensationalism.” Zimmerman further stated that her “interpretation is that these do not further your cause as an advocate for change in the laws or trying to change the public’s perception of marijuana.” There is no evidence in the record of Zimmerman offering advocacy advice to any other student group. …