Westfield State University

SLF Alerts University to Unconstitutional Free Speech Violations

About the Case

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.

Case Status

Won

Court

Why This Matters

Open discourse is critical to both a functioning democracy and a well-rounded college experience. College students are in the unique position of being surrounded by true diversity: diversity of thought, background, religion, and culture. For many, this is the first—and perhaps only—time they will be exposed to a “marketplace of ideas” different from their own. The college experience can have a significant impact on the leaders of tomorrow, and for this reason, universities must provide students with access to share their ideas and hear ideas from other students.

The student members of SGA have been given far too much authority and have abused their discretion at the expense of their constituents’ freedom of speech. And worse still, this abuse of power creates a chilling effect on campus because students are not able to freely speak and associate.

SLF Executive Director Kimberly Hermann states,

Freedom of speech and association are critical to the college experience, but the Westfield State SGA does not seem to know or care. It is clear that the members are acting on their own whims or perhaps the whims of some constituents, but they are constitutionally bound to treat all requests to form student clubs equally.

Westfield State put its student government association in a position of power that even administrators don’t have. It is time to rein it in. We are holding the university accountable to its duty to protect the freedom of speech of all students.

Why This Matters

Open discourse is critical to both a functioning democracy and a well-rounded college experience. College students are in the unique position of being surrounded by true diversity: diversity of thought, background, religion, and culture. For many, this is the first—and perhaps only—time they will be exposed to a “marketplace of ideas” different from their own. The college experience can have a significant impact on the leaders of tomorrow, and for this reason, universities must provide students with access to share their ideas and hear ideas from other students.

The student members of SGA have been given far too much authority and have abused their discretion at the expense of their constituents’ freedom of speech. And worse still, this abuse of power creates a chilling effect on campus because students are not able to freely speak and associate.

SLF Executive Director Kimberly Hermann states,

Freedom of speech and association are critical to the college experience, but the Westfield State SGA does not seem to know or care. It is clear that the members are acting on their own whims or perhaps the whims of some constituents, but they are constitutionally bound to treat all requests to form student clubs equally.

Westfield State put its student government association in a position of power that even administrators don’t have. It is time to rein it in. We are holding the university accountable to its duty to protect the freedom of speech of all students.

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