McDonald v. Trustees of Indiana University

Plaintiffs, a group of four public-university professors in Indiana, preemptively challenged the state’s “intellectual diversity” law and certain policies that state-run universities enacted pursuant to the law, alleging that they facially violate the First and Fourteenth Amendments. The district court dismissed the complaint for lack of standing and plaintiffs appealed. The Seventh Circuit affirmed, explaining that absent evidence that the professors faced a credible threat of enforcement or that the laws reasonably chilled their speech in response to a well-founded fear, they have no injury and without an injury they lack standing. (PRYOR, concurring and EASTERBROOK, specially concurring)