University Trial Court threw out a Ph.D. student’s complaint Saturday without hearing the case. The complaint contended the Student Government election code is in violation of free speech.
Trial Court Judge Devin Reid used a loophole in the SG Rules of Court allowing him to dismiss the case without addressing the petitioner’s concern that the election code unjustly limits SG campaigning.
The decision comes more than three weeks after Donald Hodge, 2004 LSU Law School graduate who is pursuing a Ph.D. in political science, filed a complaint that the election code infringes the First Amendment right to free speech because it sets time and place restrictions on campaigning.
But Reid said there was no case because Hodge was never penalized for violating campaigning rules.
Hodge ran and was elected for a graduate school senate seat three weeks ago. He followed the election code rules and filed the complaint but never cited any personal harm because of the rule.
Reid said to bring this case to the court, Hodge must have been put at a disadvantage and presented it as evidence in his complaint.
“There can be no trial because no actual harm has been demonstrated,” Reid said.
The election code prohibits candidates from campaigning outside a three-week period and sets a limit on how much money they can spend on campaigns. The code also says candidates cannot campaign through the media.
Hodge said the restrictions are harm in and of themselves, but Reid did not comment on the issue of free speech.
“What [Reid] fails to realize is that there’s a thing called prospective harm,” Hodge said. “The whole basis of my case is that I’m unable to exercise my free speech. I can’t go out to Free Speech Alley and announce I’m running for Student Government President because a complaint would be filed against me.”
Hodge said he is disappointed in Reid’s decision.
“The rules of court are clear that a properly convened hearing must take place and motions be heard at the hearing if a litigant raises it,” Hodge said in his appeal to the University Court, the highest authority in SG. “The Trial Court has abused its discretion, power and ignored the rules of court.”
Hodge also said he is angry it took the court 17 days to make a decision.
The SG rules of court say the court must convene within three class days of notifying all parties involved with the case. But Reid postponed the hearing after Associate Dean of Students K.C. White advised him to wait for an opinion from the University attorney with Taylor, Porter, Brooks and Phillips Law Firm.
Reid did not answer questions about the attorney’s opinion, but said the opinion played no part in his decision.
“I required time to research the appropriate legal course of action,” Reid said, citing the reason for the delay in his decision.
Hodge has requested the University Court reverse the decision and force Reid to hear the case.
Chief Justice Neal Hebert said the University Court will meet Thursday night to make a decision, and Reid said he will respect its decision.
“If the University Court remands the case back to Trial Court with instructions, I will have to abide by the superior court’s determination,” Reid said.