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Students for Life at Ball State University v. Hall

Description:  Ball State University Students for Life had applied to receive $300 from mandatory student activity fees to share educational resources with pregnant and parenting students; however, Ball State officials denied the club’s request because it advocates for pro-life views.


Wednesday, Sep 5, 2018
MUNCIE, Ind. – Alliance Defending Freedom attorneys representing a pro-life student organization voluntarily dismissed a lawsuit against Ball State University Tuesday after the university eliminated policies that discriminated against “religious, political, or ideological” expression among student groups and implemented safeguards against viewpoint discrimination as part of a settlement agreement.

“Public universities are supposed to provide a marketplace of ideas, but that market can’t function properly if university officials promote some views over others,” said ADF Legal Counsel Caleb Dalton. “Ball State has taken some important first steps in eliminating the most blatantly unconstitutional aspects of their policies and honoring its intent to ‘respect and learn from differences in people, ideas, and opinions.’ We sincerely hope this serves as a catalyst to review all policies to maximize the free exchange of ideas at BSU.”

In June, ADF attorneys filed Students for Life at Ball State University v. Hall in the U.S. District Court for the Southern District of Indiana on behalf of Students for Life of America’s Ball State chapter. BSU Students for Life had applied to receive $300 from mandatory student activity fees to share educational resources with pregnant and parenting students. However, Ball State officials denied the club’s request because it advocates for pro-life views.

In addition, the Student Activity Fee Committee distributed funding from the same pool to organizations that advocate for opposing viewpoints, including Feminists for Action, Secular Student Alliance, and Spectrum. Students in the Ball State Students for Life group had already paid their mandatory student activity fees of more than $1,000 per year but were denied equal access to that funding.

“We’re encouraged that Ball State is reversing its discrimination against pro-life students,” said Students for Life of America President Kristan Hawkins. “Tolerance is a two-way street, and BSU Students for Life deserves equal access to funding and the continued opportunity to share their message of hope with pregnant and parenting students.”

In addition to eliminating the unconstitutional restrictions on certain expression, the university has agreed to implement safeguards against viewpoint discrimination, including the mandated recording of all funding committee meetings, a written reason for denying any student group funds, and implementing an appeals process that up to now hasn’t existed. Ball State also agreed to pay the student group $300 in damages, which is the amount of funds it denied the group last year, and has agreed to pay $12,000 in attorneys’ fees because Students for Life had to go to court to defend its constitutionally protected freedoms.

“Today’s university students will be tomorrow’s voters and civic leaders,” said ADF Senior Counsel Tyson Langhofer, director of the ADF Center for Academic Freedom. “That’s why we affirm Ball State University’s decision to change course and enact policies that better exemplify the First Amendment values that public colleges and universities are supposed to be teaching to students.”

Students for Life of America is the nation’s largest pro-life youth organization and currently serves more than 1,200 groups in colleges, high schools, and medical schools across the U.S.
 
  • Pronunciation guide: Langhofer (LANG’-hoff-ur)

The ADF Center for Academic Freedom is dedicated to ensuring freedom of speech and association for students and faculty so that everyone can freely participate in the marketplace of ideas without fear of government censorship.
 
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Previous News Releases

Legal Documents

Complaint: Students for Life at Ball State University v. Hall
Settlement agreement: Students for Life at Ball State University v. Hall
Joint stipulation of dismissal: Students for Life at Ball State University v. Hall

Related Resources

ABOUT Caleb Dalton

Caleb Dalton serves as senior counsel with Alliance Defending Freedom's Center for Life, where he brings over a decade of civil rights litigation and public advocacy experience to the team, securing the rights of the unborn and those who advocate for them. Since joining ADF, Dalton has served on multiple teams representing private individuals and government entities to affirm the fundamental freedoms of speech and religious liberty. With ADF's Center for Conscience Initiatives, he played a key role in the successful petition for certiorari in Masterpiece Cakeshop v. Colorado Civil Rights Commission at the U.S. Supreme Court. With the Center for Academic Freedom, he successfully represented students and faculty seeking to speak freely on public university campuses across the country. Dalton earned a J.D. at the Regent University School of Law, graduating cum laude. He is a member of the bar in Arizona, Virginia, and the District of Columbia; he is also admitted to practice before multiple federal district and appellate courts, including the U.S. Supreme Court.

ABOUT Tyson Langhofer

Tyson Langhofer serves as senior counsel with Alliance Defending Freedom and director of its Center for Academic Freedom. Before joining ADF, Langhofer was a partner with Stinson Leonard Street LLP, where he worked as a commercial litigation attorney for 15 years and earned Martindale-Hubbell’s AV Preeminent® rating. Langhofer earned his Juris Doctor from Regent University School of Law, where he graduated cum laude in 1999. He obtained a B.A. in international business with a minor in economics from Wichita State University in 1996. A member of the bar in Virginia, Kansas, and Arizona, Langhofer is also admitted to practice in numerous federal district courts.