2008 Woodie Awards
Two Inkwell editors plan to sue AASU administration and SGA for violating their First Amendment Rights
Campus Brief Editorial
Issue date: 3/21/08 Section: News
Editor-in-chief Angela Mensing and news editor Kristen Alonso are in the process of obtaining an attorney in order to file a lawsuit against the president of the university and the Student Government Association for violating their First Amendment rights. The SGA Finance Committee cut the amount of student activity fee funding from $54,500 in 2007-08 to $39,740 in 2008-09 - a total reduction of $14,760 - because they were dissatisfied with the content of the newspaper.
The reason for the cut was clearly content motivated and is clearly documented through e-mail correspondence from leading SGA Finance Committee members.
The Student Press Law Center Executive Director Frank LoMonte and Attorney Advocate Adam Goldstein are working on finding an attorney who will take the case pro bono.
According to a SPLC legal brief posted on the SPLC website:
Student editors have the right to make all decisions related to the content of their student publications. Courts have been consistent in ruling that at the public colleges and universities, school officials, including student government officers, may not exercise the power of a private publisher over student publications simply because they provide financial support. The fact that public universities are considered an arm of the state distinguishes them from a private publisher. Bazaar v. Fortune, 476 F.2d 570, aff'd en banc with modification, 489 F.2d 225(5th Cir. 1973)(per curiam, cert. denied, 416 U.S. 995(1974).
As a result of these cases, it is now clear that:
School officials cannot:
(1) Censor or confiscate a publication, withdraw or reduce its funding, withhold student activities fees, prohibit lawful advertising, fire an editor or adviser, "stack" a student media board, discipline staff members or take any other action that is motivated by an attempt to control, manipulate or punish past or future content. Joyner v. Whiting; Schiff v. Williams, 477 F.2d 456(4th Cir. 1973); Leuth v. St. Clair County Comm. College, 732 F.Supp. 1410(E.D.Mich.1990); Kincaid v. Gibson, 236 F.3d 342 (6th Cir. 2001)(en banc).
The reason for the cut was clearly content motivated and is clearly documented through e-mail correspondence from leading SGA Finance Committee members.
The Student Press Law Center Executive Director Frank LoMonte and Attorney Advocate Adam Goldstein are working on finding an attorney who will take the case pro bono.
According to a SPLC legal brief posted on the SPLC website:
Student editors have the right to make all decisions related to the content of their student publications. Courts have been consistent in ruling that at the public colleges and universities, school officials, including student government officers, may not exercise the power of a private publisher over student publications simply because they provide financial support. The fact that public universities are considered an arm of the state distinguishes them from a private publisher. Bazaar v. Fortune, 476 F.2d 570, aff'd en banc with modification, 489 F.2d 225(5th Cir. 1973)(per curiam, cert. denied, 416 U.S. 995(1974).
As a result of these cases, it is now clear that:
School officials cannot:
(1) Censor or confiscate a publication, withdraw or reduce its funding, withhold student activities fees, prohibit lawful advertising, fire an editor or adviser, "stack" a student media board, discipline staff members or take any other action that is motivated by an attempt to control, manipulate or punish past or future content. Joyner v. Whiting; Schiff v. Williams, 477 F.2d 456(4th Cir. 1973); Leuth v. St. Clair County Comm. College, 732 F.Supp. 1410(E.D.Mich.1990); Kincaid v. Gibson, 236 F.3d 342 (6th Cir. 2001)(en banc).
Viewing Comments 1 - 10 of 19
Stuart Grosse
posted 3/25/08 @ 12:34 AM EST
Its sad when one part of the student community on a college campus has to sue another part in order to do their job. I hope the editors win the suit, and are able to get an increase in funding for next year. (Continued…)
Sharlene
posted 3/30/08 @ 5:28 PM EST
What exactly was the content that was being objected to? What was the justification of the board for objecting to that content? Without that, this isn't the whole story. (Continued…)
Christy Apps
Christy
posted 3/31/08 @ 9:51 AM EST
I agree with Sharlene's comment. While I feel bad for the editors and think this could be a travesty of justice in the making, I feel I'm missing a motive. (Continued…)
Angela Mensing
posted 3/31/08 @ 11:10 PM EST
Sharlene and Christy:
Thank you both for your comments. The content that the SGA Finance Committee complained about during the Feb. 16 budget hearing includes:
1. (Continued…)
Xander Thompson
posted 4/06/08 @ 12:26 PM EST
The paper runs rampant with misspellings, you do stories on people making it seem as if you'd interviewed them, and you've even got a kid who likes to write disparaging and untrue stories about the university police out of spite. (Continued…)
Deana
posted 4/06/08 @ 5:18 PM EST
just seems like alot of excuses for a bad publication to me. if your paper was worthy it you would have gotten the increase in budget like you asked for. (Continued…)
Xander Thompson
posted 4/07/08 @ 7:52 PM EST
Better resurrect Johnnie Cochran. All I'm sayin'
Jessica
posted 4/11/08 @ 10:23 AM EST
Perhaps Xander didn't document the frequent errors in Inkwell with much more than an eye-roll because it has become such a regular thing. You are right about one thing, though. (Continued…)
Brian Anderson
posted 4/11/08 @ 5:52 PM EST
Even though I am the Arts & Entertainment editor at The Inkwell, and this is all probably against my own best interests, I have to completely agree with Jessica here. (Continued…)
Sara Edwards
posted 4/12/08 @ 12:04 AM EST
Just a few comments about the Clery Act article: First off Mr. Anderson I happen to know a little about the case that you described with the girlfriend being dragged through the mud and the boyfriend not allowing her to call for help. (Continued…)
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