In 1994, the Kentucky State University administration reviewed the school yearbook, The Thorobred, and decided that its quality was not satisfactory.

[2] Charles Kincaid and Carpi Coffer filed suit on behalf of the students against Gibson and the members of the university's Board of Regents.

[3] Initially, the lower courts granted the university's motion to dismiss—citing Hazelwood v. Kuhlmeier as an example of how students' speech in a school-sponsored setting can be censored by administrations.

The en bank panel of the court heard the case on May 30, 2000, and decided in favor of the students with a 10-3 majority on January 5, 2001.

In early 2001, the parties reached a settlement, with KSU paying each student plaintiff $5,000 and attorney's fees of $60,000.