PRESS RELEASE
Wednesday, October 24, 2001
Contact: James Bopp, Jr., General Counsel
Phone 812/232-2434; Fax 812/235-3685
jboppjr@abcs.com

The James Madison Center for Free Speech Files Suit Against
the University of California, Irvine, to Protect Students'
First Amendment Rights in Campus Elections.

 

In an effort to stop the University from enforcing regulations which stifle the free speech of its student candidates,
The James Madison Center and The Claremont Institute Center for Constitutional Jurisprudence have filed suit
against the University of California, Irvine ("UCI") on behalf of David Welker, Ian McGrew and Nathan C. Masters, UCI undergraduate students.

Mr. Welker, who was elected to a student government position by his fellow students, was thrown out of office after it was discovered that he had spent $233.40 buying professionally made campaign posters promoting his election in violation of a university regulation that limits such spending to $100. Thus, Mr. Welker and his fellow students are challenging university regulations that limit the total amount of money a student candidate may spend on his own election.

The students are also challenging university regulations that limit the amount of total donations candidates may
accept to help finance their campaigns, ban all campaigning for 24 hours after a declaration of candidacy has been filed, ban all off campus distribution of campaign materials, ban all off campus campaigning during elections week, and even ban placing campaign bumper stickers and posters on motor vehicles.

"Under Buckley v. Valeo, 424 U.S. 1, none of these provisions would be constitutional if applied to a candidate for state or federal office," said James Bopp, Jr., General Counsel for The James Madison Center. The James Madison Center is a conservative public interest organization that defends the rights of citizens to participate in our democracy.

"The provisions challenged here are teaching our college students the wrong lesson, one that will be a great
disservice to our future leaders," added Bopp, "These regulations teach our students that American elections are
not free, but thoroughly regulated regardless of the impact on the free speech and association rights protected by
the United States Constitution. That the government, through a state university, is the one teaching these students
that its ok to ignore the First Amendment is particularly egregious."

The James Madison Center plans to file similar suits against other universities whose campus elections regulations
also violate their students First Amendment rights. According to Bopp, "The James Madison Center took on this
project in an effort to stop universities from teaching our college students a perverted lesson about American
freedoms and American elections."