1A – University of Oklahoma

Student Government Cancels Conservative Students

About the Case

At University of Oklahoma, student members of the Student Government Association (SGA) are actively working to silence conservative groups. For example, they have threatened to revoke funding of groups like Turning Point USA (TPUSA) because they dislike their views. They apply unconstitutional reservation policies to conservative groups, but not others. And when they learned that TPUSA invited conservative speaker Ann Coulter to speak on campus, they did nothing to disavow threats of violence directed at TPUSA’s members or to ensure that their speech would be protected. That is why SLF sent a letter to the OU SGA demanding that it do its job of protecting the First Amendment rights of all students on campus.

This sounds too shocking to be true, but sadly it is the reality at the University of Oklahoma (OU). Conservative students on campus are consistently assaulted, threatened and harassed. For instance, in addition to a conservative student being spat on while walking to class, another student was called a “Nazi Klan b***h.”

SLF writes that even the President of SGA “made it clear that he firmly opposed TPUSA’s decision to bring Coulter to campus. He claimed that the event ‘benefited not one student’ and accused TPUSA and Coulter of having ‘hateful ideologies.'” In the letter, SLF warns that SGA cannot engage in viewpoint or content-based discrimination against their peers. It writes that SGA’s consistent actions to undermine conservative student organizations “can be described as nothing more than yet another scheme to remove TPUSA and other conservative groups from campus or, at the very least, to chill their expression.”

Following SLF’s demand letter, in a big win for conservative students, the University of Oklahoma declared that its SGA cannot unconstitutionally discriminate against members of Turning Point USA or other conservatives on campus. The University admitted that SGA lacks authority to pass unconstitutional resolutions. If SGA tries to do so, the resolutions will be vetoed by the University President.

“Although the actions of SGA members over the course of this semester have been disappointing, we are pleased to know that the University community understands the importance of free and open discourse and will do everything in its power to protect it,” SLF writes in a follow-up letter to the school. In the letter, SLF also commends the University for taking reports of spitting, assault, and abusive conduct seriously by encouraging students to report attacks.

Ironically, the University administration now serves as a mediator between conservative groups like TPUSA and student government—when it should be the other way around.

Case Status

Pre-Litigation

Court

N/A

Why This Matters

College administrators are not the only ones who make policies that violate the First Amendment. Many student governments pass resolutions that silence students. It is imperative that our country’s conservative and libertarian college students attend their school’s student government meetings and get involved.

“Over the past year, there has been an astonishing rise in attacks against conservative students on college campuses from their own representatives on student government,” says SLF attorney Cece O’Leary. “But just like administrators, student governments are bound by the Constitution and must treat all viewpoints equally.”

In response to the University’s response noting its support for free speech rights for all students, SLF general counsel Kim Hermann commends the school and states, “This is a huge step in the right direction at OU.SGA is being held accountable for its intimidating behavior against conservatives.”

“It is an odd twist of events,” Hermann notes. “University administrators are often the worst offenders when it comes to violating students’ First Amendment rights. But at OU, conservatives find themselves relying on administrators for support and protection, instead of their own student government. We are hopeful this is a sign that the tides are changing on college campuses.”

In the News

Campus Reform | Student gov reportedly tries to defund conservative group, gets a constitutional lesson instead

Campus Reform | U of Oklahoma College Democrats call for cancellation of Ann Coulter event

Conservative OU student group faces free-speech obstacles – Oklahoma Council of Public Affairs (ocpathink.org)

Why This Matters

College administrators are not the only ones who make policies that violate the First Amendment. Many student governments pass resolutions that silence students. It is imperative that our country’s conservative and libertarian college students attend their school’s student government meetings and get involved.

“Over the past year, there has been an astonishing rise in attacks against conservative students on college campuses from their own representatives on student government,” says SLF attorney Cece O’Leary. “But just like administrators, student governments are bound by the Constitution and must treat all viewpoints equally.”

In response to the University’s response noting its support for free speech rights for all students, SLF general counsel Kim Hermann commends the school and states, “This is a huge step in the right direction at OU.SGA is being held accountable for its intimidating behavior against conservatives.”

“It is an odd twist of events,” Hermann notes. “University administrators are often the worst offenders when it comes to violating students’ First Amendment rights. But at OU, conservatives find themselves relying on administrators for support and protection, instead of their own student government. We are hopeful this is a sign that the tides are changing on college campuses.”