[23084] in APO-L
Re: [APO-L] APO and constitutional rights
daemon@ATHENA.MIT.EDU (Juan Carlos Alicea)
Thu Oct 31 23:27:16 2002
Sent-From: Brookline, MA
Date: Thu, 31 Oct 2002 17:12:02 -0500
Reply-To: apo-l@LISTSERV.IUPUI.EDU
From: Juan Carlos Alicea <jcalicea@MIT.EDU>
To: APO-L@LISTSERV.IUPUI.EDU
In-Reply-To: Your message of "Thu, 31 Oct 2002 16:05:01 EST."
<3DC19AFD.5020506@14850.com>
I don't know what the case is with higher education, but secondary schools *must* provide equal access and rights to a student led group if there are any officially recognized non-curricular student groups (classic example is a chess club; basically any group that is not directly related to the curriculum). There is the issue that secondary school is compulsory, whereas college is not.
This right in secondary schools was established in 1985(?) by the Equal Access Act and upheld by the Supreme Court in 1990 (I forget the name of the case). It can be used for nearly any type of student-led club; I've run across it establishing a Bible club in my junior high school.
YiLFS,
-Juan Carlos Alicea
Alpha Chi
MIT Class of 2005
==============================
On Thu, 31 Oct 2002 16:05:01 EST
The illustrious Buddha Buck <bmbuck@14850.COM> declared
To: APO-L@LISTSERV.IUPUI.EDU
On the subject of: Re: [APO-L] APO and constitutional rights
> Vehlow, Richard wrote:
> > Question: If it is a constitutional right to be able to peacefully
> > assemble, then isn't it technically a violation of the Constitution for
> > a school, especially a public college, to bar the organization of
> > fraternities without due cause, such as a prior or existing incident of
> > hazing in the fraternities in question?
>
> Nope...
>
> Governmental organizations can control the use of their facilities, use
> of their funds, an their choice of affiliation without violating the
> constitution. For instance, it is entirely legal for a post office to
> close its doors at night, or to tell a group that they can't hold a
> meeting in the lobby, etc. The post office grounds are government
> property, not a public space.
>
> If the post office provides meeting space, even for a fee, then the post
> office is spending government money supporting the organizations that
> utilize that meeting space. The laws concerning the spending of
> government money may very well have limitations on the sort of
> organizations the post office can support -- for instance, it may
> prohibit the use of post office funds to promote non-abstinance-based
> sex education for teenagers, which would prohibit a safe-sex workshop
> aimed at teens to be given on post office property. In any event, the
> post office is not obligated to provide space for organizations to
> peacefully assemble.
>
> A public school is in a similar position as the post office. They are
> not obligated to provide recognition, support, or funding to
> organizations -- and in some cases, are prohibited from doing so. It is
> generally the policy at many public schools that first amendment
> issues prevent the funding of political or religious-based student
> groups, for instance. So a public school is under no obligation to
> provide support for, recognition of, or services to fraternal
> organizations if it chose not to.
>
> Private schools have even fewer restrictions. The only restrictions
> they face (besides general laws) come from the strings attached to the
> funding they may receive from the Government. Title IX is a perfect
> example here -- Title IX sets various conditions of gender equity on the
> ability to receive federal funds for education. A school that wants
> those funds (which includes Federal Student Aid packages) must adhere to
> those conditions. But other than that, private schools are private
> organisations, and can affiliate with anyone they so choose, under
> whatever conditions they desire. They certainly aren't required to
> affiliate with fraternities.
>
> If, however, an organization decided to call itself a fraternity and
> open its new membership only to students, but did not advertise on
> campus, or meet on campus, or solicit the school for funds, or claim
> affiliation, or request any services from the campus, then I don't think
> a public school could ban students from joining and supporting the
> organization. Private schools, however, probably could.
>
> For the record, I am not a lawyer, nor do I play one on TV.
>
> Buddha Buck
>
>
> >
> > -Rich Vehlow
