1A – University of Wisconsin-Milwaukee

About the Case

Yet another Student Association is attempting to silence conservatives by closing “free speech loopholes” on campus. This time, a pro-life display on University of Wisconsin-Milwaukee’s (UWM) campus led offended students to call their Student Association to action against conservatives. The Student Association is now considering legislation to shut down ideas it disagrees with or finds offensive by closing so-called loopholes to free speech. SLF intervened and sent a letter to the Student Association and school administrators, reminding them that they have a duty to uphold the First Amendment rights of all speakers on campus.

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In its letter, SLF encouraged the UWM Student Association to develop a deeper understanding of the First Amendment. It explained that even the most offensive ideas are protected by the Constitution, and that “the remedy to be applied” to hateful ideology “is more speech, not enforced silence.” SLF commended the University for maintaining a Freedom of Expression policy online that reminds students of their rights to engage in open discourse, and it urged the Student Association to remain committed to that ideal.

SLF warned, “Any threats by the University—including the Student Association—to shut down expression will be taken seriously and could result in legal action if they infringe on the First Amendment rights of students or members of the public.”

SLF continues to monitor the situation on behalf of conservative students.

Case Status

Pre-Litigation

Court

Why This Matters

When a student government has the authority to pass binding legislation on the entire student body, it is subject to the same constitutional standards as college administrators. Any attempt to silence speech because of viewpoints is unconstitutional. Likewise, any time a student government tries to restrict “hateful” or “offensive” ideas, it violates the First Amendment.

“The representatives of the student body cannot be in the business of placing value judgments on certain viewpoints,” says 1A Project Director Cece O’Leary. “The First Amendment demands neutrality from members of the government, including student government.”

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Why This Matters

When a student government has the authority to pass binding legislation on the entire student body, it is subject to the same constitutional standards as college administrators. Any attempt to silence speech because of viewpoints is unconstitutional. Likewise, any time a student government tries to restrict “hateful” or “offensive” ideas, it violates the First Amendment.

“The representatives of the student body cannot be in the business of placing value judgments on certain viewpoints,” says 1A Project Director Cece O’Leary. “The First Amendment demands neutrality from members of the government, including student government.”

In the News

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