The Annual Honorable Milton Mollen Moot Court Competition will
feature the finest new advocates of the
St.
John’s University School of Law Moot Court Honor Society
presenting oral arguments to a simulated Supreme Court of the
United States in the matter of:
Gloria Esteban v. Old York
University
This year’s “case” involves First Amendment free speech rights and
school
speech, questions involving forum analysis, and elements of
election law.
Petitioner Gloria Esteban, a college junior who was removed from
the
senate seat she won in the University Student Government because
she
admitted exceeding the $200 spending limit imposed by the USG
Bylaws.
The Petitioner argues that the spending limit is unconstitutional
in a public
forum like a state university and cannot pass strict scrutiny;
besides, the
limit was set over 20 years ago and she only violated the rule in
order to
counter nasty rumors spread to hinder her campaign.
Respondent Old York University however says that the campaigning
and
the USG are not real or public elections, merely educational tools
that they
have a right to restrict in order to promote diversity. OYU says
the
restrictions are viewpoint neutral and used in a non-public forum –
thus
only need to be reasonable.
Awards will be given for Best Oral Advocate, Best Brief and
runners-up in these categories, based on scores from the Reverend
Joseph T. Tinnelly Moot Court Competition and the Honorable Milton
Mollen Moot Court Competitions.
Distinguished Panel:
Hon. Joseph F. Bianco (EDNY)
Hon. P. Kevin Castel (SDNY)
and
Hon. Milton Mollen
former Presiding Judge of the Appellate Div. 2nd Dept