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Georgetown Law FIREForbidden from Campaigning on Campus for Bernie Sanders as Election Season Kicks Off in Iowa

WASHINGTON, February 1, 2016鈥擜s the presidential nomination season officially kicks off today in Iowa, the Foundation for Individual Rights in Education (FIRE) is asking one school in the nation鈥檚 capital to act quickly to revisit policies that restrict students from engaging in political speech on behalf of their chosen candidates.

Today, FIREwrote to Georgetown University Law Center asking it to revise its policy governing partisan political speech. The school has prevented a group of students supporting Democratic presidential candidate Bernie Sanders from handing out campaign materials on campus, incorrectly claiming that the school鈥檚 tax-exempt status requires this limitation.

鈥淓very campaign season, FIREsees private colleges erroneously tell students that they can鈥檛 campaign for their candidate because it would threaten the school鈥檚 tax exemption,鈥 said FIRESenior Program Officer Marieke Tuthill Beck-Coon. 鈥淭hat鈥檚 just not correct. As the IRS has made clear, and as FIREhas emphasized repeatedly throughout the years, nonprofit restrictions on political campaigning apply to the institution itself, not to students or student groups.鈥

In September 2015, law student Alexander Atkins requested a table reservation in Georgetown Law鈥檚 McDonough Hall so he and his group could display and distribute materials supportive of Sanders, as well as inform other students about voting in the upcoming primaries. Georgetown Law鈥檚 Office of Student Life (OSL) denied the request because it was 鈥渋n support of a specific candidate.鈥 The following month, on the day of a Democratic primary debate, several students sat at an outdoor table on campus displaying Sanders posters, distributing campaign literature, and offering information about the primaries. The students were asked by OSL representatives to stop their activity, as Georgetown Law policy prohibited campaign-related activities on campus.

After these two incidents, Atkins reached out to the coordinator of student organizations via email and was informed that Georgetown Law鈥檚 鈥Student Organization Policy on Partisan Political Activities鈥 prohibited campaign activity, and that as a tax-exempt institution, Georgetown University does not allow campaigning and campaign activity on campus.

Georgetown University promises its students the right to freedom of expression and speech. Its 鈥溾 states that 鈥渁ll members of the Georgetown University academic community, which comprises students, faculty and administrators, enjoy the right to freedom of speech and expression.鈥 The law school鈥檚 policy on partisan political activity conflicts with this promise by unnecessarily eliminating an enormous swath of political speech, banning students from even handing out campaign leaflets in outside areas of campus.

鈥淚n this country, political speech and expression has always been central to exercising freedom of speech,鈥 said Tuthill Beck-Coon. 鈥淚t鈥檚 hard to imagine a worse time to silence such speech than in the middle of an election season.鈥

Because censorship of student and faculty political speech is such a frequent occurrence, especially in presidential election years, FIREhas published a Policy Statement on Political Activity on Campus. The statement details why, with respect to Section 501(c)(3) of the Internal Revenue Code, students and student groups are strongly presumed to speak for themselves, not their institutions.

In its letter, FIREoffered to work with Georgetown Law to revise its policy on political activities so that students may fully participate in this year鈥檚 election cycle.

FIRE, the nation's leading student rights organization, is a nonpartisan, nonprofit educational foundation that unites civil rights and civil liberties leaders, scholars, journalists, and public intellectuals from across the political and ideological spectrum on behalf of individual rights, freedom of expression, academic freedom, due process, and rights of conscience at our nation鈥檚 colleges and universities. 果冻传媒app官方鈥檚 efforts to preserve liberty on campuses across America can be viewed at thefire.org.

CONTACT:

Katie Barrows, Communications Coordinator, 果冻传媒app官方: 215-717-3473; katie@thefire.org

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