Zachary C. Crouch v. University of Tennessee
Whether state sovereign immunity applies to unofficial acts and conflicts with the Constitutional right to Freedom of Speech
include whether state sovereign immunity can be and should be applied to unofficial acts and the Constitutional right of Freedom of Speech. This is a question of law, de novo, because when the Constitution of the United States or laws of the United States directly contradict a law or statute of the State of Tennessee, a decision must be made to make clear boundaries of what details of the civil proceedings will agree with the Constitution of the United States and laws or statutes of the State of Tennessee. Specifically, in this proceeding the law or statute of the State of Tennessee is sovereign immunity. On the other hand, the Constitution of the United States has the right to Freedom of Speech and denounces itself as the Supreme Law of the Land. Also, the Constitutional right to Freedom of Speech contradicts state sovereign immunity laws as well because you cannot simply enforce both at the same time unless new laws are created.