The University Court unanimously ruled Monday night that portions of the Student Government Election Code violate the First Amendment’s guarantee for freedom of speech.
The U. Court decided Graduate School Student Sen. Donald Hodge’s complaint that political free speech should be allowed before the active three-week campaigning period “had merit,” Chief Justice Neal Hebert said. Hebert said the ruling means candidates can discuss – but not solicit – votes before the active period.
According to the ruling, candidates are now free to publicly discuss their candidacy but are not able to solicit votes through e-mails or facebook.com messages or advertise before the active period. Hebert said enforcing the rule will possibly leave “gray areas,” such as distinguishing between political discussion and verbal solicitation of votes.
“This will make the process more transparent,” Hebert said. “We have to take small steps forward.”
Hebert said he was “satisfied” with the ruling, but he said he still envisions a better future election code.
“I would be more satisfied if [the court] could write a perfect election code,” Hebert said.
Hodge said the decision was good for democracy because it allows more students to become involved in the political process.
“I’m glad that the court ruled on the side of the First Amendment,” Hodge said. “Everyone wins, although some might not agree with me. It’s a great day.”
SG President Michelle Gieg described the ruling as “very responsible” and said the process will allow more open political discourse.
The U. Court also unanimously ruled on two other complaints. The court upheld current restrictions on campaign spending amounts and overturned the trial court’s decision to define SG as not being a public body.
Hebert said he believes the spending limits are “in accordance with federal law” and ruled that SG does not have the ability to define whether it is a public body.
 
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