The Volokh Conspiracy

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Free Speech

Turning Point USA Chapter at Univ. of Tennessee (Chattanooga) Approved, Despite Student Government Opposition

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From Chattanooga Times Free Press (Mason Edwards):

"While the Student Government Association may voice opinions, recognition of student organizations is determined by the UTC dean of students and chancellor," UTC spokesperson JAy Blackman said in an emailed statement. "Turning Point USA has been authorized in accordance with university policy and the law."

The Student Government Association denied the organization's approval in a vote Tuesday. The vote served as a recommendation to the Dean of Students Office.

Public universities may not deny student groups recognition or other generally available benefits based on the groups' viewpoint: "The State may not … discriminate against speech on the basis of … viewpoint." And that's true even if the group would be free to operate outside the benefits program: "If restrictions on access to a limited public forum are viewpoint discriminatory, the ability of a group to exist outside the forum would not cure the constitutional shortcoming."