A judge has dismissed a lawsuit against Penn State officials over the university’s refusal to allow white supremacist Richard Spencer to speak on campus.

Cameron Padgett, a Georgia State University student who was organizing a tour of college campuses for Spencer, filed the lawsuit against Penn State President Eric Barron and the university’s Board of Trustees in U.S. Middle District Court in October. In August, Barron announced that the university had denied a request for Spencer to speak at the University Park campus.

In an order issued on Monday dismissing the case without prejudice, Judge Matthew Brann wrote that Padgett provided no proof that the complaint had been served to the defendants within 90 days and subsequently did not respond to an order to show cause why the case should not be dismissed.

Spencer is president of the white supremacist think tank National Policy Institute and is a leading figure among the so-called “alt-right,” which advocates for white nationalism.

The lawsuit sought an injunction ordering Penn State to rent to him a conference room or lecture hall for Spencer to speak, as well as police protection for Spencer and his supporters. He also asked for punitive damages of at least $75,000 and legal fees.

Padgett made a request in July 2017 to rent space for Spencer to speak. On Aug. 22, days after a white supremacist rally in Charlottesville, Va. resulted in violence and death, Barron said Spencer “is not welcome on our campus” and cited the likelihood of disruption and violence.

“Penn State is an institution of higher education, and fully supports the right of free speech and encourages its expression in thoughtful and respectful ways, even when we strongly disagree with the opinions expressed,” Barron said at the time. “But the First Amendment does not require our university to risk imminent violence.”

Barron said though he found Spencer’s views “abhorrent and contradictory to our University’s values… It is the likelihood of disruption and violence, not the content, however odious, that drives our decision.”

The lawsuit claimed that Penn State had no reason to believe Spencer “will in fact engage in and/or advocate offensive criminal misconduct should Spencer be permitted to speak on PSU’s campus in a conference room or lecture hall rented by Plaintiff,” and alleged that Antifa protestors were to blame for disruption surrounding Spencer’s events.

Penn State is not the only university to be sued for refusing to host Spencer. Last year, prior to the events in Charlottesville, a federal judge ruled that Auburn’s denial violated First Amendment rights. Spencer was allowed to speak there and Auburn settled the case for $29,000.

In January, Michigan State settled a lawsuit and allowed Spencer to speak at the East Lansing campus in March. Fights broke out between protestors and Spencer supporters outside of the event. 

After Michigan State, Spencer said he was unsure if he would continue speaking on college campuses.

Padgett dropped a lawsuit against Ohio State in March but said he would continue with another against the University of Cincinnati.