After ADF lawsuit, NY college student government revises unconstitutional policy, recognizes conservative student group

CORTLAND, N.Y. – Alliance Defending Freedom attorneys representing two students and the Turning Point USA chapter they started at the State University of New York Cortland reached a favorable settlement agreement Monday with a college official and the student government association after they denied the conservative group recognized status because of its views.

In March, SUNY Cortland officially recognized the TPUSA chapter shortly after ADF attorneys filed a lawsuit, but the student government failed to fully address its unconstitutional policy that allowed the conservative group to be denied recognized status in the first place. The student government has now agreed to revise the policy to respect the constitutionally protected freedoms of all students, including implementing an appeal process if a group is denied recognized status. As part of the settlement agreement, the student government and SUNY Cortland will also pay $42,000.

“Colleges are meant to be marketplaces of ideas where students learn to respect and defend diverse beliefs, but many college officials are encouraging students to silence opposing views. As a result of this lawsuit, SUNY Cortland ultimately decided to do the right thing, and that’s good for everyone,” said ADF Legal Counsel Mathew Hoffmann. “Students Gabriella Delorenzo and Megan Rothmund worked hard to form a TPUSA chapter at the university to bring together students who value freedom, free markets, and limited government. After Gabriella and Megan pursued legal action, the Student Government Association rightly decided to officially recognize the group and revise its policy to promote First Amendment freedoms for all students.”

“The Student Government's revised club recognition policy is a necessary correction to its previous discriminatory stance,” said TPUSA Public Relations Manager Aubrey Laitsch. “The $42,000 compensation acknowledges the unjust challenges faced by our chapter. We remain steadfast in our mission to protect free speech and ensure fair treatment for all student organizations nationwide.”

The Student Government’s Student Senate withheld recognized group status to the TPUSA chapter because it disagreed with the national TPUSA organization’s views. Student senators questioned and demeaned Turning Point’s views for approximately 100 minutes. When the students raised the issue with SUNY Cortland President Erik Bitterbaum, he warned that they would likely be denied if they re-applied, telling them, “We silence voices all the time in this country. That’s the tragedy and also the greatness of democracy.”

Michael G. McMartin of Michael G. McCartin Law PLLC, one of more than 4,500 attorneys in the ADF Attorney Network, served as local counsel on behalf of the TPUSA chapter, Delorenzo, and Rothmund.

The ADF Center for Academic Freedom is dedicated to protecting First Amendment and related freedoms for students and faculty so that everyone can participate freely in the marketplace of ideas without fear of government censorship.

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