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Victory: Bogus Sanctions Against Pro-Palestinian Group for 'Political' Speech Dropped at Montclair State

After facing sanctions from the Montclair State University (MSU) Student Government Association (SGA), members of the Montclair FIREfor Justice in Palestine (MSJP) chapter are once again able to practice their free speech rights on the New Jersey public institution鈥檚 campus.

On September 22, MSJP members handed out pamphlets at the group鈥檚 registered table in the MSU鈥檚 student center. The pamphlets described the group鈥檚 values, planned activities, and views on the Israeli-Palestinian conflict. Upon receiving complaints about the overtly political and 鈥渙ffensive鈥 nature of the pamphlets, SGA Attorney General Demi M. Washington sent a 鈥Letter of Sanction鈥 to MSJP, condescending to the group, 鈥淢ust I remind you, you are a cultural organization and not a political one.鈥

In no uncertain terms鈥攁nd in complete violation of the group鈥檚 First Amendment rights鈥擶ashington warned MSJP that its political expression was unwelcome and unacceptable on MSU鈥檚 campus:

Montclair State is a university that unites students regardless of race, religion, ethnicity, nationality, gender or sexual preference. We do not take positions in political issues.

[...]

We have strict rules from the government on how to run the organization while remaining in non-profit status. ... Part of the list of things we cannot be associated with is any political or lobbyist organization.

MSJP didn鈥檛 receive only a reprimand from Washington; her letter imposed a five percent fine on the group鈥檚 fall semester budget as well as an order that the group cease all 鈥減olitical propaganda.鈥 Washington鈥檚 letter also warned that, unless MSJP focused its events solely on Palestinian culture rather than politics, the group鈥檚 charter would be revoked.

On October 3, FIRE sent a letter demanding that these sanctions be reversed and reminding the MSU administration and the SGA that such unfair treatment of a student group, based on the political nature of its speech, is unconstitutional viewpoint discrimination at a public university bound by the First Amendment.

In her letter to MSJP, Washington claimed that the school鈥檚 tax-exempt status forbid the SGA, as well as student organizations, from partaking in political speech. As our letter pointed out, this argument is flatly wrong:

MSU and the SGA have created a forum for a diverse collection of student groups with a wide array of viewpoints, and, in light of these and similar precedents, the speech of these groups does not jeopardize either MSU鈥檚 or the SGA鈥檚 tax-exempt status. Indeed, Internal Revenue Service training materials have likewise drawn a distinction between 鈥渢he individual political campaign activities of students鈥 and those of their university. The agency has noted that 鈥淸t]he actions of students generally are not attributed to an educational institution unless they are undertaken at the direction of and with authorization from a school official.鈥

贵滨搁贰鈥檚 letter noted that Washington鈥檚 argument is not only incorrect, but potentially insincere as well:

FIRE is concerned that Washington鈥檚 justification is disingenuous and pretextual. Fearing that any political speech by a student organization would jeopardize the tax-exempt status of either MSU or the SGA strains credulity. Expressly partisan student groups (e.g., College Democrats, College Republicans, and a host of issue-driven groups) are recognized and funded at tax-exempt colleges and universities (and under tax-exempt student governments) across the country. Additionally, even a cursory review of MSJP鈥檚 chartering documents reflects its intention to engage in cause-based activism鈥攜et no objections were raised during the organization鈥檚 chartering process.

The sanction letter further attempted to justify the fines levied against the group by arguing that MSJP failed to receive appropriate stamping for its pamphlet. Again, this allegation is incorrect. MSJP distributed the pamphlets by hand, and the policies that Washington pointed to, the 鈥淢ontclair State University Posting Regulation鈥 and the 鈥淪tudent Government Association Posting Policy,鈥 demand only that materials posted at bulletin boards and kiosks be stamped for approval. Additionally, if MSU required approval for handouts but rejected material based on its controversial nature, it would be practicing unconstitutional viewpoint discrimination. Again, 贵滨搁贰鈥檚 letter makes this point:

To the extent that the additional 鈥淧osting Policy for the Student Center鈥 does in fact apply to materials distributed by hand at an organization鈥檚 authorized table, it is unconstitutional and may not serve as the basis for any disciplinary action or penalty against MSJP.

In particular, if MSU requires prior approval of student publications before distribution, it may not in any way condition that approval on the content or viewpoint of those materials.

Recognizing that the actions taken against MSJP appeared to be in response to the group鈥檚 controversial message rather than any violation of school policy, SGA President Kristen Buck responded with a letter on October 8 rescinding all allegations and sanctions against MSJP. Buck reaffirmed that 鈥渢he SGA recognize [sic] that persons and organizations on the University鈥檚 campus have the right to express their views and those who disagree with those views have a right to express their contrary views.鈥

Speaking with web publication The Electronic Intifada about the incident, that the SGA鈥檚 鈥渕isconception that student groups are not allowed to take political stances or participate in political activities due to the tax-exempt status of their university (or the student government) is perplexing and stubbornly persistent.鈥

贵滨搁贰鈥檚 with The Bergen Record, reiterating that student governments often play an unfortunate role in promoting censorship, rather than dialogue, on campus:

[Student governments] may overstep their authority or fail to understand student rights and the First Amendment, he said, adding that barring clubs from political speech 鈥渋s just plain silly鈥 and 鈥渄oesn鈥檛 hold up to basic scrutiny.鈥

鈥淲e do see a lot of student governments tripping and falling over themselves because of perceived controversial nature of some of these organizations,鈥 Bonilla said.

FIRE is pleased that the SGA took swift action to resolve this case in favor of MSJP and hopes that other student governments take note and remember that their role is to serve the campus community by enabling discussion, not hindering it.

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