January 8, 2008

Supreme Court Deals Blow to Student Moguls Seeking to Buy Campus Elections

Note to college students who plan to spend big bucks on their campus election campaigns: Avoid the University of Montana. Also, avoid filing lawsuits.

The U.S. Supreme Court declined to review on Monday a June 2007 decision by the U.S. Court of Appeals for the Ninth Circuit, which concluded that spending limits on student-government elections were not a violation of free-speech rights.

In 2004 a student at the University of Montana was denied his seat in the student senate because he had exceeded the $100 spending cap imposed by the university. He then retained the counsel of a prominent lawyer, James Bopp Jr., to challenge the university’s decision. But the university argued that spending limits preserve equal opportunity for all students to win elections, and that argument prevailed.

In its ruling, the Ninth Circuit court concluded that spending limits force students to “campaign personally, wearing out their shoe-leather rather than wearing out a parent’s — or an activist organization’s — pocketbook.”

The Supreme Court’s decision to let that ruling stand makes the Ninth Circuit’s opinion the leading appellate precedent on the matter of spending in student elections. —Elizabeth F. Farrell

Comments

1. Now if we could only apply thiss level of common sense to the American Government

   — Derek    Jan 8, 03:39 PM    #

2. I don’t suppose the expansion of “free speech” to mean “free scope for my superior buying power” has any connection to special interests, lobbyists, big business, or other “activist” outfits. No, indeed. We have the best government, and the best public servants, that money can buy.

   — Dan Kirklin    Jan 8, 03:51 PM    #

3. Wait…did you just use “American Government” and “common sense” in the same sentence?

   — RLP    Jan 8, 03:53 PM    #

4. So the Appeals Court saved more students from having to read this candidates’ leaflets or brochures. And that’s a good thing? Interesting that the Chronicle considers this to be the “buying” of campus elections. And that this bastion of free speech, the University of Montana, wants to dictate how students communicate to other students in a campaign.

   — Realist    Jan 8, 04:42 PM    #

5. I don’t see that the Univ of Montana is trying to dictate how students communicate to each other. It’s just saying that the cost can’t exceed $100. The method is open to the students – as long as they stay within the cost guidelines.

   We could absolutely benefit from a similar concept at state and national levels.

   — Al    Jan 8, 06:19 PM    #

6. I think this is a very reasonable limit to impose on a student senate race. $100 does not sound like much money until you consider how very inexpensive it is for students to leverage free or low-cost internet resources to get their message out. Students have become very creative about how they use email and flashy websites to communicate with each other. With the internet and face-to-face meetings carrying most of a student candidate’s campaign messaging to student voters, $100 will buy more than enough photocopies to plaster the bulletin boards and doors on most campuses.

   — Dan    Jan 8, 10:08 PM    #

7. Student elections exist and student “government” esxists only at the suffrance of the college or university which allows it, and it has no original nor ultimate jurisdiction but only the jurisdiction granted it by the institution. Student elections are “exercises” and not required by the Constitution of the United States nor of the sovereign states severally. Thus the institution may regulate them largely in any way it sees fit. I never voted in a student election — I dont believe in “exercises” and “play government”.

   — Joseph F Foster    Jan 9, 08:58 AM    #

8. Although a $100.00 limit is too low and outdated, the Supreme Court is wise to not get involved in a legitmate campus decision.

   — Sandy MacLean    Jan 9, 11:18 AM    #

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