WHO: Alliance Defending Freedom attorneys
WHAT: Available for media interviews following oral arguments in University at Buffalo Young Americans for Freedom v. University at Buffalo Student Association
WHEN: Immediately following oral arguments, which begin at 10 a.m. EDT, Thursday, Oct. 9
WHERE: U.S. Court of Appeals for the 2nd Circuit, Thurgood Marshall U.S. Courthouse, 40 Foley Sq., New York. To schedule an interview, contact ADF Media Relations Specialist Elizabeth Martin at (571) 541-7649.
NEW YORK – Alliance Defending Freedom attorneys representing a Young Americans for Freedom chapter and two students at the University at Buffalo will be available for media interviews Thursday after oral arguments in University at Buffalo Young Americans for Freedom v. University at Buffalo Student Association at the U.S. Court of Appeals for the 2nd Circuit.
The YAF chapter and the students challenged university officials and the Student Association for derecognizing the group and excluding it from the same benefits that other student groups receive. After revising the policy, the school then required student organizations and their leaders to give up their legal rights to gain access to student-fee funding.
“All students, regardless of their political affiliations, should have access to generally available resources, and universities are constitutionally bound to protect these rights,” said ADF Senior Counsel Chris Schandevel, who will argue before the court. “Unfortunately, the University at Buffalo and its student government are picking winners and losers in the marketplace of ideas, first by punishing the group for its national affiliation with a conservative group, then by demanding that group leaders sign away their freedoms. We are urging the court to recognize the independence student groups have from becoming an extension of the university or student government.”
The Student Association derecognized YAF in June 2023 because it is a chapter of a national conservative organization, Young America’s Foundation. ADF attorneys filed a federal lawsuit the next day, and a month later, the Student Association rescinded its policy and recognized YAF, but it replaced the policy with another unconstitutional one. The updated policy requires that club leaders certify that they surrender their—and their organization’s—right to file a lawsuit against the university or its officials in the future, their right to exist as a legal entity under state law, their right to have financial accounts as an organization, and their right to enter into agreements with other individuals or organizations.
Now, because YAF correctly will not sign a form waiving its legal rights, the Student Association has blocked the student group from accessing more than $6,000 in student-fee funding in its account. ADF attorneys filed a motion in March 2024 asking a federal district court to allow the student group to access funds while the case proceeds, but that court dismissed the case in December, prompting the appeal to the 2nd Circuit.
YAF has existed as a registered student organization on the UB campus since 2017, and the group has had more than 100 members. As a chapter of Young America’s Foundation, UB YAF’s purpose is to provide an environment for the students of UB to learn about U.S. history, the U.S. Constitution, individual freedom, a strong national defense, free enterprise, and other topics. Like other clubs, YAF fulfills its mission by engaging in expressive activities on campus, including posting flyers and signs, hosting tables with information, inviting speakers to campus, and talking with fellow students.
Denis Kitchen, one of more than 4,800 attorneys in the ADF Attorney Network, serves as local counsel on behalf of YAF and the students.
- Pronunciation guide: Schandevel (SHAN’-deh-vell)
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
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