University of Oregon: Derecognition of Student Group for ‘Offensive’ Publication
The Oregon Commentator, a conservative student magazine, won a three-month long battle for press freedom from the University of Oregon student government. When a transgendered student senator complained of being offended after being mocked in the magazine, the student government finance committee rejected the Commentator's mission statement, which had remained unchanged for the past 21 years. The finance committee publicly denied their constitutional obligation to distribute student fees on a viewpoint-neutral basis. FIRE wrote to UO President Dave Frohnmayer, who declared he didn't want to intervene in the funding process. It was not until FIRE sent an open letter to the student government, reminding them that the First Amendment undoubtedly applies to public universities, that the Commentator's mission statement was approved.
Case Materials
"Victory for Freedom of the Press at University of Oregon," FIRE Press Release, March 3, 2005: A conservative student magazine has won a three-month-long battle for press freedom against the University of Oregon student government. The Oregon Commentator had been derecognized and denied funding after it published items satirizing a transgendered student senator. After FIRE intervened, the student government reversed its unconstitutional actions and re-recognized the Commentator.
"Commentator's mission denied, again," Ayisha Yahya, Oregon Daily Emerald, February 2, 2005: The Programs Finance Committee rejected the Oregon Commentator's mission statement again Tuesday night in a fierce budget hearing that ended with PFC member Mason Quiroz announcing his resignation.
Media Coverage
"The ‘No Viewpoint’ Viewpoint," Greg Lukianoff, Inside Higher Education, June 6, 2005: Administrators at the University of Wisconsin at Eau Claire are confused about the nature of their obligations to the U.S. Constitution. While the student government misconstrues constitutional rules on viewpoint discrimination to prohibit funding to every group that has a political or religious viewpoint, administrators defer action on the excuse that the policy is “not yet in effect”—even though the student government has already applied it.
"FIRE's Heat Douses Student Censorship in Oregon," Jim Brown, Agape Press, March 10, 2005: In a sudden turn of events, the University of Oregon student
government has increased funding to a conservative student magazine
that had been the target of alleged viewpoint discrimination.
"Coding commentary," Jennifer Bear, Oregon Daily Emerald, May 30, 2003
