Spring Break
SGA Justices Void Montclarion Shield Law
Shayna Jacobs
Issue date: 2/14/08 Section: News
The provision granting The Montclarion freedom of the press in its own constitution was stripped of its bearing through a ruling by the SGA's four-member Judicial Branch.
"The Montclarion is completely subject to the will of the university and the SGA," said SGA Chief Justice-elect Nathaniel Liberty, as he explained the decision to call Article XII unconstitutional.
"The Montclarion does not function the same way as a state-funded school's newspaper would," Liberty later said. "The Montclarion is not independent."
There was no attempt made by the legislature to reverse the ruling.
"All rights provided for the student press by state, local and federal laws are guaranteed to The Montclarion and take precedence over all SGA statutes," begins Article XII of The Montclarion constitution, which was approved by the legislature in April 2007. "Neither the [SGA] or the current Administration of [MSU] can make any attempts to interfere with The Montclarion's rights as a news organization."
Liberty said that The Montclarion cannot be considered a news organization, because it is a subsidiary of the SGA, a private corporation.
"It is not a separately licensed news organization," said Liberty. He said the reason they're raising the issue now is because The Montclarion distributed copies of the provision as defense evidence against its budget freeze at the five-plus hour SGA meeting on Jan. 30.
"As things come, up they have to be addressed," said Liberty, who said the justices did not know of Article XII conflict before the Jan. 30 distribution of it.
Liberty reported to the legislature that Article XII, called "Constitutional Privileges," was unconditional and contradictory to certain SGA statutes including one that cites: "Chartered organizations shall remain in good standing by ... adhering to all rules and regulations of the SGA and the University."
"In Article XII, The Montclarion claims to be above these rules," Liberty said.
"The Montclarion is completely subject to the will of the university and the SGA," said SGA Chief Justice-elect Nathaniel Liberty, as he explained the decision to call Article XII unconstitutional.
"The Montclarion does not function the same way as a state-funded school's newspaper would," Liberty later said. "The Montclarion is not independent."
There was no attempt made by the legislature to reverse the ruling.
"All rights provided for the student press by state, local and federal laws are guaranteed to The Montclarion and take precedence over all SGA statutes," begins Article XII of The Montclarion constitution, which was approved by the legislature in April 2007. "Neither the [SGA] or the current Administration of [MSU] can make any attempts to interfere with The Montclarion's rights as a news organization."
Liberty said that The Montclarion cannot be considered a news organization, because it is a subsidiary of the SGA, a private corporation.
"It is not a separately licensed news organization," said Liberty. He said the reason they're raising the issue now is because The Montclarion distributed copies of the provision as defense evidence against its budget freeze at the five-plus hour SGA meeting on Jan. 30.
"As things come, up they have to be addressed," said Liberty, who said the justices did not know of Article XII conflict before the Jan. 30 distribution of it.
Liberty reported to the legislature that Article XII, called "Constitutional Privileges," was unconditional and contradictory to certain SGA statutes including one that cites: "Chartered organizations shall remain in good standing by ... adhering to all rules and regulations of the SGA and the University."
"In Article XII, The Montclarion claims to be above these rules," Liberty said.
Viewing Comments 1 - 6 of 7
Alberto D. Morales
posted 2/14/08 @ 11:54 PM EST
At first I felt bad for your student government association because I like to hope that college educated adults would be able to make an unbiased decision for what is morally and ethically correct. (Continued…)
Ralph Mullenax
posted 2/15/08 @ 7:21 AM EST
According to the SGA Constitution and Statutes, this decision made by the Justices was the right ruling. The Montclarion is an organization of the SGA. (Continued…)
Steve
posted 2/15/08 @ 12:04 PM EST
The rationale here seems to be that Liberty wants the Montclarion labeled as a newsletter, not a newspaper. Changing the constitution of The Montclarion to remove any references to it as a newspaper so that punishment dished out to the organization by the SGA in the future will be justified. (Continued…)
Mike
posted 2/18/08 @ 12:48 PM EST
Next "Liberty"'s agenda: revoke the First Amendment. That'll show the Montclarion!
Grover Furr
posted 2/18/08 @ 2:23 PM EST
Of course I'd like to see The Montclarion publish, regardless of what anybody thinks, including the SGA and MSU Administration.
But there are some legal realities that must be squarely faced:
* The First Amendment constrains "Congress" and other government bodies from "abridging the freedom of speech, or of the press. (Continued…)
Alex M.
posted 2/20/08 @ 3:42 PM EST
Dear Grover,
Perhaps you would like to read the rest of the Constitution? I think you would find the 14th Amendment illuminating. Equal Protections extend the constitution to the states, and the subdivisions thereof (read municipalities. (Continued…)
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