Leadership Institute, et al. v. University of New Mexico

SLF files lawsuit against the University of New Mexico for violating students' and speakers' freedom of speech

About the Case

Southeastern Legal Foundation (SLF) filed a federal lawsuit against the University of New Mexico (UNM) on behalf of a conservative student chapter and the Leadership Institute (LI) following an unconstitutional demand for security fees based on the viewpoint of the students and their invited speaker, Riley Gaines.

The student chapter of Turning Point USA at the University of New Mexico (TP-UNM) is the only chartered student organization with conservative views on campus. The students enjoy discussing current affairs, socialism, modern day feminism, self-defense, and biological sex, gender, and gender ideology. They requested to host an event featuring speaker Riley Gaines, a Division I college athlete who advocates for the protection of women in sports. But when UNM found out about the event, it told the students that if they wanted to hold the event they would first have to pay a security fee and provided an initial quote of over $10,000. Rather than meet its duty to staff security with money from its multi-million dollar endowment, to protect the students, and to remove any potential hecklers from the crowd, UNM instead imposed a hefty fee on the students that they surely would not be able to afford.

SLF filed a First Amendment lawsuit on behalf of TP-UNM and LI, a nonprofit organization that aids students with planning and funding events, challenging the excessive security fees and asking the court to strike down the policies that allow UNM officials to impose such high fees on students and speakers.

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UNM informed the student members of TP-UNM that—even though Ms. Gaines had her own privately funded security—they needed to agree to have UNM security officers present at the event and that the student chapter would be responsible for paying that fee. Then UNM told the students that it intended to staff the event with every single officer it had, and it provided an initial quote of over $10,000.

UNM officials were able to get away with this because the university maintains a policy that allows them to subjectively assess events on a case-by-case basis. That means administrators have the sole authority to decide whether an event is “controversial”—thus requiring more security—or “uncontroversial.”

As SLF explains in its complaint, this is unconstitutional viewpoint and content discrimination because the university is making judgments about Ms. Gaines’ speech. The university even admitted as much, telling the students that it made its security assessment based on “the individual” and that if other students were to show the Barbie movie, UNM would not require them to pay for any security because they were “not worried about the Barbie move.”

On behalf of TP-UNM and LI, SLF is requesting injunctive relief to prevent the university from collecting the security fees and enforcing the security fee policy on future events.

Case Status

Active

Court

District of New Mexico

Why This Matters

All too often, universities abuse their power to silence conservative students and speakers. College should be a time for robust debate and discussion on the issues of the day. Unfortunately, not all of our nation’s colleges and universities allow true diversity of speech. Instead, they silence students because of their viewpoints and the content of their speech. That is exactly what happened at UNM.

Rather than ensure that TP-UNM and Ms. Gaines were kept safe by staffing security with money from its multi-million dollar endowment and making it clear to the student body that it would discipline any hecklers, UNM placed the burden of safety on the students and Ms. Gaines. Worse, UNM does not follow any set criteria when enforcing its security fee policy. It is up to a single official to decide when and how much security is required at an event, giving far too much room for abuse and discrimination.

SLF Executive Director Kimberly Hermann states,

The government must treat all views equally, full stop. Yet when universities like UNM enforce policies inconsistently and with mixed results, like UNM did here, there is a strong inference of viewpoint discrimination. UNM did not even try to hide its discrimination when it admitted that it was charging excessive security fees to TP-UNM and LI based on the “individual,” Ms. Gaines, who speaks bravely every day about her experience competing against a biological man and the need to save women’s sports.

SLF Director of Legal Initiatives Cece O’Leary adds,

This is an unfortunate reality we are seeing all over the country: colleges are afraid of the woke mob, so they use all sorts of tactics to scare conservative students into silence, claiming that their views are just too controversial. Here, UNM used enormously high security fees to try to deter students from hosting their event. On other campuses, colleges use methods like bias reporting systems to police speech. And soon, we’ll see even more efforts to scare students into silence when the Biden administration’s changes to Title IX become law.

Why This Matters

All too often, universities abuse their power to silence conservative students and speakers. College should be a time for robust debate and discussion on the issues of the day. Unfortunately, not all of our nation’s colleges and universities allow true diversity of speech. Instead, they silence students because of their viewpoints and the content of their speech. That is exactly what happened at UNM.

Rather than ensure that TP-UNM and Ms. Gaines were kept safe by staffing security with money from its multi-million dollar endowment and making it clear to the student body that it would discipline any hecklers, UNM placed the burden of safety on the students and Ms. Gaines. Worse, UNM does not follow any set criteria when enforcing its security fee policy. It is up to a single official to decide when and how much security is required at an event, giving far too much room for abuse and discrimination.

SLF Executive Director Kimberly Hermann states,

The government must treat all views equally, full stop. Yet when universities like UNM enforce policies inconsistently and with mixed results, like UNM did here, there is a strong inference of viewpoint discrimination. UNM did not even try to hide its discrimination when it admitted that it was charging excessive security fees to TP-UNM and LI based on the “individual,” Ms. Gaines, who speaks bravely every day about her experience competing against a biological man and the need to save women’s sports.

SLF Director of Legal Initiatives Cece O’Leary adds,

This is an unfortunate reality we are seeing all over the country: colleges are afraid of the woke mob, so they use all sorts of tactics to scare conservative students into silence, claiming that their views are just too controversial. Here, UNM used enormously high security fees to try to deter students from hosting their event. On other campuses, colleges use methods like bias reporting systems to police speech. And soon, we’ll see even more efforts to scare students into silence when the Biden administration’s changes to Title IX become law.

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