Conservative students appeal to 2nd Circuit after Univ. at Buffalo discriminates against their viewpoint

NEW YORK – Alliance Defending Freedom attorneys representing a Young Americans for Freedom chapter and two students at the University at Buffalo filed their opening brief Tuesday with the U.S. Court of Appeals for the 2nd Circuit. University officials and the Student Association derecognized the group and excluded it from the same benefits that other student groups receive and then required student organizations and their leaders to give up their legal rights in order for the clubs to be officially recognized.

“All students, regardless of their political affiliations, should have access to generally available resources, and universities are constitutionally bound to protect these rights,” said ADF Senior Counsel Tyson Langhofer, director of the ADF Center for Academic Freedom. “Unfortunately, the University at Buffalo and its student government are picking winners and losers in the marketplace of ideas, first by punishing the group for its national affiliation with a conservative group, then by demanding that group leaders sign away their freedoms. Public universities can’t force student organizations to become an extension of the university or student government.”

The Student Association derecognized YAF in June 2023 because it is a chapter of a national conservative organization, Young America’s Foundation. ADF attorneys filed a federal lawsuit the same day, and a month later, the Student Association rescinded its policy and recognized YAF, but it replaced the policy with another unconstitutional one. The updated policy requires that club leaders certify that they surrender their—and their organization’s—right to file a lawsuit against the university or its officials in the future, to exist as a legal entity under state law, to have financial accounts as an organization, and to enter into agreements with other individuals or organizations.

Now, because YAF rightly won’t sign a form waiving its legal rights, the Student Association has blocked the student group from accessing more than $6,000 in student-fee funding in its account. ADF attorneys filed a motion in March asking a federal district court to allow the student group to access funds while the case proceeds, but that court dismissed the case in December, prompting the appeal to the 2nd Circuit.

“[YAF and the students] have demonstrated a strong likelihood to succeed on the merits of their claims,” the opening brief in University at Buffalo Young Americans for Freedom v. University at Buffalo Student Association states. “Without a preliminary injunction, they cannot associate together and engage in the speech that they desire—much less on equal footing with other student organizations.”

YAF has existed as a registered student organization on the UB campus since 2017, and the group has had more than 100 members with weekly meetings on campus. As a chapter of Young America’s Foundation, UB YAF’s purpose is to provide an environment for the students of UB to learn about U.S. history, the U.S. Constitution, individual freedom, a strong national defense, free enterprise, and other topics. Like other clubs, YAF fulfills its mission by engaging in expressive activities on campus, including posting flyers and signs, hosting tables with information, inviting speakers to campus, and talking with fellow students.

Denis Kitchen, one of more than 4,800 attorneys in the ADF Attorney Network, is serving as local counsel on behalf of YAF and the students.

• Pronunciation guide: Langhofer (LANG’-hoff-ur)

The ADF Center for Academic Freedom is dedicated to protecting First Amendment and related freedoms for students and faculty so that everyone can freely participate in the marketplace of ideas without fear of government censorship.

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