How's this a 1st Amendment issue? 

1.) SLAM is misrepresenting itself to others by advertising 'SLAM' as 'SLAM/USG'. If this is a deliberate misrepresentation, then this is certainly not covered by the 1st. In fact, it is explicitly not covered by it. It's called fraud. 

2.) There's nothing intrinsically wrong with having 'SLAM' emblazoned across water bottles. But you cannot force others to subsidize your free speech 'plus' rights. There are exceptions, particularly at colleges. For instance, if the CA gave X club $1000 to print water bottles with an 'X' on it but refused to finance SLAM's water bottles, for no justified reason, then that would probably be a violation of the 1st. But SLAM isn't even a club! So they can't even make this argument even if club X'ers were sporting snazzy water bottles. 

3.) There's an ongoing battle between campaign finance and the 1st. Indeed, the Supreme Court is hearing McCain-Feingold this term. And while there's much grey area here and even more that I don't understand, this much I do know: politicians like Bush cannot use taxpayer dollars to subsidize their campaigning. Having SLAM print flyers with the name 'SLAM' on it, no less when it's conflated with USG is certainly a violation of that because it's an indirect form of campaigning (remember, it's a political party). The Supreme Court has ruled that such a restriction on free speech is perfectly acceptable under the 1st. In fact, there's even a 1st amendment argument to be made against the CA even providing funds for SLAM-issued gear alone. (That is, without the 'USG' smushed in next to 'SLAM'). The CA should permit them to print flyers with 'USG' on it, but not 'SLAM'. After all, when you receive a letter from Uncle Sam it says "U.S. Government", not "Republican Party". 

4.) With some exceptions, like # 2, the CA calls the shots and courts will respect that. 

But notwithstanding, I'm anxiously awaiting Ron McGuire's explanation of how this is in fact a 1st amendment violation. 


  From: runako taylor 
  To: [log in to unmask] 
  Sent: Tuesday, November 04, 2003 8:28 PM
  Subject: Brewing Story- Please READ



  Friends,

  I have recently been informed of a situation at the school that is slowly brewing. USG student members of the CA are threatening to sue the school because the CA has prohibited them from parading the "SLAM/USG" logo about campus and on their materials based on the notion that it is misleading students into believing that SLAM and USG are one in the same. 

  Here is an excerpt from what I recieved better detailing the matter:

  The USG student members of the College Association are upset that the CA passed
  a resolution a few weeks ago prohibiting them form promoting their "USG/SLAM"
  logo about the campus (especially regarding and promoting campus events) because
  it misled students into believing that SLAM and USG were one in the same. I and
  other CA members argued that USG was engaging in subterfuge in order to promote
  SLAM (which is not chartered as a club though it has portrayed itself as a club
  [and has non-students as "members"] and that they were deliberately trying to
  mislead students (some CA members were less direct about the deliberateness of
  their actions).

  USG, essentially, was participating in a major conflict of interest (imagine
  Bush referring, officially, to the US Government as USG/Republican Party).

  Anyway, the USG members are threatening to sue - Ron McGuire is their lawyer,
  they say - because they argue that their first amendment rights are being
  violated. There are grounds here forarguments for First Amendment issue. I hope
  they sue so that the subterfuge becomes a public issue. CA will be
  discussing/aruging this tomorrow, Wednesday, with College legal counsel and RM
  in attendance.

  Anyway, I thought you should know, and should attend or have your reps show up
  to observe. Because CA meetings are public, my students will be writing articles
  and columns from now on about what happens. I am surprised that CA meetings have
  never been reported on and covered in depth (I am learning more about Hunter)


  I am urging you all, especially the media organizations to attend this meeting tomorrow at 1pm in room 1130 East. There should be proper coverage of this event in our school's media outlets. If you are able to, please send a representative or a reporter to cover the story. I hope that some of you will make the effort to attend the meeting and learn more about this impending event.

  regards

  runako




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