BY Benjamin ClarkOctober 2, 2024
2 weeks ago
BY 
 | October 2, 2024
2 weeks ago

Federal Judge Stops UNM From Charging Conservative Event High-Security Fee

A federal judge has issued a temporary injunction against the University of New Mexico in a case involving former collegiate swimmer and political activist Riley Gaines.

According to RedState, U.S. District Judge David Urias blocked the university's attempt to impose a $5,400 security fee on Turning Point USA for a speaking event featuring Gaines. 

The injunction stems from a lawsuit the Southeastern Legal Foundation filed following the university's fee imposition for an event held last October. The decision has been hailed as a significant victory for free speech on college campuses.

Gaines expressed her appreciation for the ruling in a statement, saying:

Sadly, we see this all the time. Conservative student voices are silenced on campus through excessive fees blamed on security, like in this case, or other red tape that makes it harder for conservative students to use their voice on campus. Colleges and universities should be a place of critical thinking where different ideas are welcomed and encouraged. They should not be a place of political discrimination and suppression of First Amendment rights, like in this case.

Jonathan Gonzales, co-president of the Turning Point USA chapter at the University of New Mexico, also welcomed the court's decision. He pointed out the apparent double standard in the university's fee policy, noting that a drag show had previously been allowed on campus without any security fee.

Judge's Ruling Highlights Concerns Over Censorship

Judge Urias found that the university's fee policy posed a significant barrier to free speech. In his ruling, he emphasized the dangers of allowing university officials too much discretion in determining security fees.

The judge noted that the policy's criteria for assessing event security were vague and ultimately left the decision "up to the whim of university officials." He also pointed out that despite claims of a regular fee schedule, no such schedule actually existed.

This ruling adds to the growing body of precedent against using security fees as a deterrent for inviting controversial speakers to campus. It addresses longstanding complaints from conservative groups that left-leaning speakers rarely face similar financial barriers.

Expert Opinion on the Free Speech Implications

George Washington University Law School Professor Jonathan Turley weighed in on the significance of the ruling. He described it as a "notable victory for free speech" that creates additional precedent against using security fees to deter groups from inviting certain speakers.

Turley elaborated on the broader context of the case:

Conservative groups have long complained that far left speakers are rarely targeted by cancel campaigns and even more rarely hit with these security fees. In past cases, a security deposit is demanded upfront, creating a barrier for many groups.

The professor's comments highlight the ongoing debate about free speech and ideological diversity on college campuses across the United States.

University of New Mexico's History of Controversial Decisions

This is not the first time the University of New Mexico has faced criticism for its handling of conservative and libertarian speaking events.

The institution has a documented history of shutting down such events, raising concerns about its commitment to fostering diverse viewpoints on campus.

The court's ruling suggests that the university's practices regarding security fees and event approvals may need to be reevaluated to ensure compliance with First Amendment protections.

Broader Context of Free Speech Debates on Campus

The case involving Riley Gaines and the University of New Mexico is part of a larger national conversation about free speech in higher education.

Many conservative groups argue that their viewpoints are systematically suppressed on college campuses through various administrative tactics.

This ruling may serve as a precedent for other universities facing similar challenges. It underscores the need for clear, objective criteria in assessing security needs for campus events, regardless of the speaker's political affiliation.

The court's decision reaffirms the principle that public universities, as government entities, must adhere to First Amendment protections and cannot use security fees as a tool to discourage certain types of speech or speakers.

Conclusion

The federal judge's ruling against the University of New Mexico marks a significant victory for free speech advocates. By blocking the $5,400 security fee for Riley Gaines' speaking event, the court has upheld the importance of diverse viewpoints on college campuses. This decision challenges universities to reassess their policies regarding security fees and event approvals, ensuring that all student groups have equal opportunities to express their ideas without facing undue financial barriers.

Written by: Benjamin Clark

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