On college campuses across our country, student government associations have stepped up efforts to silence their conservative and libertarian peers. This is exactly what happened recently at Westfield State University. In response, Southeastern Legal Foundation (SLF) sent the university a legal demand letter making it aware that its student government association appears to be abusing its authority and violating conservative students’ freedom of speech.
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The Westfield State Student Government Association (SGA) has sole authority to approve or deny a student chapter on campus. In the fall of 2023, conservative students began the process of forming a recognized chapter of Turning Point USA (TPUSA). They held a promotional event, where they invited students to approach and write messages on a beach ball advancing free speech. But when the Westfield State Student Government Association (SGA) found out, it released a statement condemning the event and encouraging students to submit complaints about TPUSA using a bias reporting form.
Then, once the conservative students completed all necessary steps to form a TPUSA chapter—including gathering nearly 40 signatures in support—SGA rejected their application. The reason: SGA claimed that TPUSA’s events and activities were “not congruent” with non-partisan values and that SGA saw a “potential risk” with a TPUSA chapter existing on campus. And in meetings following the denial, SGA members openly applauded SGA’s decision to reject the application because they found TPUSA’s presence “stressful.”
In its letter to university administrators, SLF warned that SGA’s actions gave every appearance of viewpoint discrimination against TPUSA, which is always unconstitutional. As early as the fall, SGA did not hide its disregard for TPUSA’s views supporting freedom of speech. It suggested that TPUSA is partisan—despite being a non-partisan organization—and vaguely expressed concerns about the “risk” of TPUSA’s presence on campus. Not once did SGA indicate that TPUSA failed to follow the steps to form a recognized club, strongly indicating viewpoint discrimination in violation of the First Amendment.
SLF demanded that the university direct SGA to recognize TPUSA, develop an administrative appeals process to prevent such abuses of authority in the future, and train SGA members on the First Amendment so that this does not happen again.