NEW JERSEY — A public university’s alumni magazineviolated the First Amendment rights of an alumni group when itrefused to print an ad submitted by the group criticizing schoolofficials for placing too much emphasis on athletics, a statesuperior court ruled March 13.
Rutgers University Magazine said it refused to run thead sponsored by the Rutgers Alumni Council 1000 because it violatedits policy against publishing advocacy advertising. The ad, whichfeatured Rutgers alumnus Milton Friedman, urged the universityto reduce athletic funding and sharpen its focus on academics.
Although Judge Joseph Messina did not issue a written opinionin the case, he agreed with all of the Rutgers Alumni Council’sfindings of fact and conclusions of law, according to GraysonBarber, the council’s attorney.
The decision should not affect the advertising rights of studentnewspapers at public colleges. The judge ruled that state university-runpublications cannot discriminate among different viewpoints becausethey are considered state actors. Courts have said student editorsare not state actors and thus their content decisions are protectedby the First Amendment.
Barber said the alumni council was delighted with the decision.
"We think it’s absolutely right," she said.
Peter Skolnik, who represented Rutgers University, said hebelieves the judge’s decision does not recognize that "thegovernment does have some rights to control speech in reasonablematters," and called the precedent set by the case "dangerous."
Skolnik also said the university has not yet decided whetherit will appeal the decision.
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Alumnigroup, university wrestle over control of magazine, Fall 1999Report
Previous Stories:
Alumnigroup, university wrestle over control of magazine, Fall 1999Report