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  1. #1
    Join Date
    Jul 2009
    Location
    Midwest
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    87

    Default College Newspaper Claiming Infringing First Amendment

    My question involves civil rights in the State of: Rhode Island


    The issue at hand is the student government needs to relocate the college newspaper to conduct repairs on their room and eventually relocate their base of operation. According to campus policy, the student government body regulates all clubs. The school newspaper receives funding from the college and is advised by a member of the faculty. The student government (which decides priority on who receives which room) has officially requested the school paper to move.

    Accordingly, the school paper's adviser is claiming that they will not move. Here in lies the problem, the adviser is claiming that if the student government removes any of the college paper's equipment, he will contact the ACLU and claim the college is violating the paper's freedom of speech because they will not be able to produce their paper (which is not true, they can still operate their paper online and from wireless internet). The adviser (which has tenure) is refusing to allow student government to move the paper's property (which is owned by the college) and is saying he will attorneys.

    What I am asking here, is does the student paper have a claim here?

    Basically, would moving the school's college paper without their consent be violating their first amendment rights? (note: they will be provided with a space comparable to the one previously occupied.)

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: College Newspaper Claiming Infringing First Amendment

    Quote Quoting SNPJR
    View Post

    Basically, would moving the school's college paper without their consent be violating their first amendment rights? (note: they will be provided with a space comparable to the one previously occupied.)
    I don't see how it would be, unless it is a covert act intentionally intending to disrupt the paper.

    The bigger point is; if those with actual control are expressing that control and allowing the paper to remain where it is, then what can be done is limited.


    what are the repairs needed? If they are such that the structural integrity of the area is in question, they can be required to vacate the room simply based on occupancy laws. If there are infrastructure problems that cause a dangerous situation (bad wiring or whatever), the same applies.

    If it involves something that simply would cause the room to not provide whatever they need to operate but is not a safety issue, let them stay and when whatever breaks down, tell them tough luck. Play their game and tell them since you can't ask them to leave, you cannot repair whatever needs to be repaired.

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