Campaign spending in university elections

[Eugene Volokh]

-----Original Message-----
From: MadisonCenter at aol.com [mailto:MadisonCenter at aol.com]
Sent: Wednesday, October 24, 2001 5:00 PM
To: MadisonCenter at aol.com
Subject: James Madison Center Update


James Madison Center for Free Speech
1747 Pennsylvania Avenue, N.W., Suite 1000
Washington, D.C. 20006
www.jamesmadisoncenter.org




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



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."





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