In this case, the ACLU represented H. Bruce Franklin, who was dismissed from his position as a tenured Associate Professor of English at Stanford University for leading a campus wide protest of the Vietnam War on February 10, 1971. During this protest, Franklin urged students to shut down the Computation Center on campus, which was running a war simulation. There was also a prior incident, on January 11, 1971, in which the plaintiff "participated in disruptive conduct" which prevented scheduled speaker Henry Cabot Lodge from speaking at a public program on campus. The events which culiminated in Franklin's dismissal were comprised of four separate incidents, three of which took place over the course of February 10th.

Franklin argued that his conduct was protected by the First Amendment and that the University regulations which permitted his dismissal were unconstitutionally vague. Franklin sought reinstatement, declaratory relief, back pay and damages.

The court upheld Franklin's dismissal, arguing that "The imposition of one's cause or point of view by coercion upon those of different persuasion is totally inconsistent with a university's process and function," and that Franklin recklessly urged students to disobey the police and risk their futures as well as potential personal injury.