Conservative students appeal to 2nd Circuit over discriminatory University at Buffalo recognition policy

ADF attorneys ask appeals court to review case after university denied recognition, funding to Young Americans for Freedom chapter

BUFFALO, N.Y. – Alliance Defending Freedom attorneys representing a Young Americans for Freedom chapter and two students at the University at Buffalo filed a notice of appeal Monday to the U.S. Court of Appeals for the 2nd Circuit, seeking review of the conservative students’ case against university officials and the Student Association after they derecognized the group and excluded it from the same benefits that other student groups receive.

The Student Association derecognized Young Americans for Freedom in June 2023 because it is a chapter of a national conservative organization, Young America’s Foundation. ADF attorneys filed a federal lawsuit the same day, and a month later, the Student Association rescinded its policy and recognized YAF, but it replaced the policy with another unconstitutional one that requires student organizations and their leaders to give up their legal rights in order for the clubs to be officially recognized. Now, because Young Americans for Freedom rightly won’t 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, using authority given it by university officials. ADF attorneys filed a motion in March 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.

“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 Legal Counsel Logan Spena. “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. Public universities can’t force student organizations to become an extension of the university or student government. We are urging the court to revive this case and protect the First Amendment rights of all students.”

The university’s 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, to exist as a legal entity under state law, to have financial accounts as an organization, and to enter into agreements with other individuals or organizations. As a result, ADF attorneys amended their lawsuit in University at Buffalo Young Americans for Freedom v. University at Buffalo Student Association after the Student Association rescinded the original policy barring the group from official recognition.

Young Americans for Freedom has existed as a registered student organization on the UB campus since 2017, and the group has had more than 100 members with weekly meetings on campus. As a chapter of Young America’s Foundation, UB Young Americans for Freedom’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, Young Americans for Freedom 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, is serving as local counsel on behalf of Young Americans for Freedom and the students.

• Pronunciation guide: Spena (SPEE’-nuh)

The ADF Center for Academic Freedom is dedicated to protecting First Amendment and related freedoms for students and faculty so that everyone can freely participate in the marketplace of ideas without fear of government censorship.

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