University campuses are supposed to be places where ideas are debated and diverse views are shared. Students learn to articulate and defend their beliefs while engaging in discussions with those who disagree.
Universities are supposed to be that way, but some universities prefer to banish from campus any views they do not approve. That is exactly what happened at the University at Buffalo.
What is University at Buffalo Young Americans for Freedom?
Young America’s Foundation (YAF) is an outreach organization dedicated to the ideas of individual freedom, a strong national defense, free enterprise, and traditional values. It also charters local chapters on college and high-school campuses across the country called Young Americans for Freedom.
The University at Buffalo (UB) chapter of Young Americans for Freedom was established in 2017. The group helps express the values central to YAF’s mission by posting flyers, hosting tables with information, inviting speakers to campus, and talking to students about their ideas.
But after UB Young Americans for Freedom hosted a speech on campus by one conservative commentator, the university allowed the Student Association to pass a policy that banned YAF from recognition as a student organization.
University at Buffalo Young Americans for Freedom v. University at Buffalo Student Association
Student organizations at the University at Buffalo must be recognized by the university to enjoy benefits like the right to use the university’s name, access to funding from the mandatory student activity fee all students must pay, the ability to reserve spaces on campus to meet and host events, and more. Without recognition, student organizations cannot access these resources.
The University at Buffalo authorizes its Student Association, a non-profit membership corporation comprising all undergraduate students at the university, to recognize student organizations. UB Young Americans for Freedom has been a recognized organization since 2017.
But in March 2023, the Student Association modified the policies that a club must follow to be recognized. It added a new rule that said, “Except for clubs in the Academic, Engineering, or Sports Councils, and clubs whose sole purpose is to engage in inter-collegiate competition, no SA club may be a chapter of or otherwise part of any outside organization.”
This change disqualified UB Young Americans for Freedom from recognition because it is a chapter of YAF. In this way, the Student Association directly targeted Young Americans for Freedom and other conservative groups with its rule change.
The rule change was adopted about two weeks after UB Young Americans for Freedom hosted conservative commentator Michael Knowles for a speech on campus. The event drew much attention and caused people to protest on campus.
When adopting the new criteria, the university’s student body president told the Student Association Senate, “We all know why we’re doing this.” This was a thinly veiled admission that the Student Association was changing its criteria for recognized organizations to target UB Young Americans for Freedom and their beliefs.
Even though the University at Buffalo and the Student Association were told that the criteria violated the U.S. Constitution, they decided to derecognize groups anyway. The Student Association gave clubs about two months to “come into compliance” with the new rule, and after UB Young Americans for Freedom declined to remove its affiliation from YAF, the policy stated that the group would be automatically derecognized.
Alliance Defending Freedom attorneys filed a lawsuit on behalf of UB Young Americans for Freedom and three individual students, and the Student Association revoked the policy. Unfortunately, the organization replaced it with another policy that violated student groups’ constitutional rights.
The new policy states that starting in September 2023, student officers must sign an acknowledgement that surrenders the rights of their organizations to exist as a legal entity under state law, file any lawsuits against the university or its officials, have financial accounts, and enter into agreements with other organizations or individuals. It indicates that student groups that decline to surrender their rights will not be recognized by the university.
Since these requirements still violate the Constitution and threaten the rights of student groups, ADF attorneys amended the lawsuit to challenge the new policy.
Universities cannot bar groups from campus because they are affiliated with larger organizations. Furthermore, they cannot force student groups to surrender their rights or ban them from taking legal action when those rights are violated.
Students have a right to freely express their beliefs on campus, and university officials cannot create unconstitutional policies to ban viewpoints they do not like.
What’s at stake?
Universities cannot bar groups from campus because they are affiliated with larger organizations. Furthermore, they cannot force student groups to surrender their rights or ban them from taking legal action when those rights are violated.
Students have a right to freely express their beliefs on campus, and university officials cannot create unconstitutional policies to ban viewpoints they do not like.
Case timeline
- March 2023: The UB Student Association adopted new criteria barring student groups that are not classified as related to academics, engineering, sports, or intercollegiate competition from being affiliated with larger organizations.
- June 2023: After UB Young Americans for Freedom was derecognized, ADF attorneys filed a lawsuit on behalf of the group and three individual students.
- July 2023: The Student Association revoked the policy banning groups from affiliating with larger organizations but replaced it with a new policy that was also unconstitutional. ADF attorneys amended the lawsuit to challenge the new policy.
The bottom line
Universities can’t pick and choose which student groups are allowed on campus.