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VICTORY: Wichita State student court recognizes libertarian group, reverses student government discrimination

WICHITA, Kan., April 14, 2017 鈥 An embattled student group at Wichita State University is finally free to engage in on-campus activism as a registered student organization. On Wednesday, the Supreme Court of the Wichita State University Student Government overturned the Student Government Association鈥檚 unconstitutional decision to deny recognition to , a libertarian student group, because of the group鈥檚 belief in First Amendment principles.

The unanimous decision by the SGA鈥檚 judicial branch came less than a week after the Foundation for Individual Rights in Education wrote to Wichita State President John Bardo to demand that he immediately reverse the SGA鈥檚 decision. FIREasked Bardo to instruct the student government that it cannot engage in viewpoint-based discrimination against prospective student groups.

In the wake of 果冻传媒app官方鈥檚 letter, Wichita State Vice President for Student Affairs Teri Hall filed a complaint with Wichita State's Supreme Court to the SGA that 鈥淸b]y not passing that resolution, you violated everything you鈥檙e supposed to stand for as Student Government. You talk about not discriminating, and you discriminated against [YAL].鈥

鈥淲e are pleased that the Supreme Court of the Wichita State University Student Government did the right thing and reversed the student government鈥檚 unconstitutional viewpoint discrimination,鈥 said Ari Cohn, director of 果冻传媒app官方鈥檚 Individual Rights Defense Program. 鈥淗opefully, the senate learned the lesson that it cannot unilaterally violate the Constitution without being held accountable.鈥

On April 5, the SGA Senate considered student Maria Church鈥檚 application to form a campus chapter of YAL, which has more than 900 campus chapters nationwide. , SGA senators questioned Church about the prospective organization鈥檚 political positions, the issues on which it would focus, its affiliations with YAL chapters on other campuses, and the group鈥檚 views on the First Amendment.

After Church left the meeting, the senators debated whether to approve YAL鈥檚 application. Several senators opposed recognizing the group because of its stance on free speech issues and because YAL chapters at other schools have invited controversial speakers to campus. Following the debate, the SGA Senate voted against recognizing YAL.

In an April 7 letter to Bardo, FIRE wrote that the SGA鈥檚 decision directly conflicts with longstanding First Amendment jurisprudence. FIREnoted that when a public university delegates its authority over student organizations to a student government, it is obligated to ensure that its agent does not violate the constitutional principles that bind the public university.

In overturning the SGA鈥檚 decision to not recognize YAL, Wichita State's Supreme Court held that 鈥淸t]he reasoning of the Senate to not recognize a local student organization for alleged actions of other national members of the organization does not give the Senate the power or jurisdiction to deny them RSO status.鈥

鈥淭here seems to be a shift in campus culture,鈥 said Church. 鈥淲hile the student politicians who voted against this are standing their ground, we鈥檝e had people from all political persuasions reach out to us offering support. We are encouraged by this small win, but there is still work to be done. At Young Americans for Liberty, we are committed to fighting for the First Amendment on campuses across the country.鈥

The Foundation for Individual Rights in Education (FIRE) is a nonpartisan, nonprofit student rights organization dedicated to defending liberty, freedom of speech, due process, academic freedom, legal equality, and freedom of conscience on America鈥檚 college campuses.

CONTACT:

Daniel Burnett, Communications Manager, 果冻传媒app官方: 215-717-3473; media@thefire.org

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