Powe v. Miles

The court ruled that though Alfred University was a private institution, the College of Ceramics within the university was a public institution due to its state funding and governorship hence the court did have jurisdiction to hear the case of those plaintiffs who were students of the College of Ceramics.

During the annual Parents Day celebration at Alfred University on May 11, 1968, a group of students and faculty staged a demonstration during the part of the ceremony in which participated the ROTC unit.

The next day, the faculty-staff board reviewing the suspension adjourned without a decision until the students could be represented by counsel.

The students sued alleging violation of the Civil Rights Act, 42 U.S.C., asking the court to provide temporary and final injunctions compelling the university to reinstate them immediately without any penalties, a judgment declaring the university's Policy on Demonstrations to be void, and damages.

The court determined the students' civil rights were not violated as (1) they had not adhered to the university demonstration policy by giving prior notice yet prior planning was obvious and such notice could have been given (2) the students who moved, though still demonstrating, were not punished by the university as they were no longer obstructing the ceremony.