Alliance Defending Freedom is suing the State University of New York at Buffalo to stop the university from enforcing rules that were adopted as a pretext to keep a conservative group (Young Americans for Freedom) from operating on campus.
This is the same University that paid Hillary Clinton $275,000 for a single speech.
To try to moot the lawsuit, the University has dropped its original policies that obviously violated free speech and freedom of association, and substituted new policies designed to prevent certain conservative groups from operating.
The student government adopted rules banning certain campus groups in March, if they were a member of “any outside organization.” “Except for clubs in the Academic, Engineering, or Sports Councils, and clubs whose sole purpose is to engage in inter-collegiate competition, no SA club may be a chapter of or otherwise part of any outside organization,” the new rules stated. Young Americans for Freedom is a chapter of an outside group — a national organization.
Both the University at Buffalo and the student government were advised that the new policy violated the group’s constitutional rights, and were given ample opportunity to revise the policy. Still, the SA moved forward, passing the new policy and de-recognizing YAF, along with several other student groups including: Brothers and Sisters in Christ (BASIC); Turning Point USA; and Circle K, the college affiliate of the Kiwanis service group. In adopting the new policy, the Student Body President admitted that the move was targeted at YAF. “We all know why we’re doing this,” he told the Student Association.
Since it was de-recognized, YAF can no longer reserve space on campus for events, set up tables in the Student Union, fundraise, or recruit new members. But other groups with similar purposes are allowed to continue operating despite the new policy.
After the university was sued over these unconstitutional rules, on July 3, the Buffalo Student Association revoked its ban on student organizations from being affiliated with national organizations, and replaced the ban with a “Legal Status Ban.”
The Legal Status Ban declares that “[n]o club shall be a separate legal entity from SA. Recognized clubs may not have any accounts or financial activities outside of SA. Recognized clubs may not enter into contracts, take legal actions, commence litigation or undertake legal obligations; only SA itself may enter into contracts, take legal actions, commence litigation and/or undertake legal obligations.”
In addition, the new policy demands that student officers of recognized clubs must sign an “‘Acknowledgement of Club Officer Responsibilities.’” The document requires student officers to certify that they will comply with the Legal Status Ban, which imposes similar restrictions on club officers signing contracts or entering agreements on behalf of their clubs.
The policy also states that “[a]ny agreement for a Student Association club to be recognized as a chapter of any outside organization is subject to review pursuant to SA contract policy(ies).”
The amended complaint filed in the lawsuit explains that the new policy violate YAF’s rights as an “unincorporated association.” Under New York law, any group with a president or treasurer is an unincorporated association; these associations are allowed to take legal action to protect their rights by and through their presidents and treasurers, yet such enforcement of their rights is banned under the Buffalo Legal Status Ban. As a result, YAF could be banned just for having brought its First Amendment lawsuit to vindicate its rights, in the first place.
The Legal Status Ban also strips YAF’s right to hold funds for expressive events, in violation of freedom of speech. By banning student groups from raising funds or entering into contracts or agreements outside the purview of the student government, it gives the student government unfettered control over the finances of student groups like YAF, and strips it of the ability to contract for speaking engagements and other expressive functions.
The student government’s contract review process violates the First Amendment because it has no viewpoint-neutral guidelines for approval, no appeal process, recording process, or guarantee of timeline; in fact, the contract process explicitly disclaims any time limit for approving or rejecting contracts. The Student Association previously used such discretion to thwart approval of a conservative campus speaker (Michael Knowles) through indefinite delay.
ADF’s amended court complaint asks the court to issue an order declaring that the university’s policies violate YAF’s First Amendment Rights; an injunction blocking it from enforcing the Recognition policies without viewpoint-neutral criteria; and an order barring the university from penalizing YAF for “existing as a legal entity, filing a lawsuit to vindicate their rights, having financial accounts, or entering into agreements to the extent permitted by state law.”
