Posted on Aug 8, 2016
Refined Right | University of Houston Student Sanctioned for “#AllLivesMatter” Post
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The University of Houston student VP has been sanctioned by student government for “#AllLivesMatter” social media post. She apologized, but the SGA sanctioned her anyway. They were later dropped, but the chilling effect @ remains after they saddled her w@ith a gauntlet of punishments for exercising rights guaranteed to everyone under the First Amendment.
Refined Right | University of Houston Student Sanctioned for “#AllLivesMatter” Post
Posted from refinedright.comPosted in these groups: 
1st Amendment
1st Amendment
Posted >1 y ago
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Forgive the double-dipping on this one, but I just noticed that SGT Jacob Santillan actually wrote this article. He didn't just provide a link to it. I have a vague memory of another post that NCO's may be required to take a writing test. I'd waive in in SGT Santillan's case. This article is well argued as well as well written. Damn fine work, Sergeant. You do us all proud.
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To be accurate, the First Amendment only serves to remind government that it cannot infringe upon our rights of free speech. Sadly, it cannot protect us from the rest of the @ssholes with whom we are forced to dwell.
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SGT Jacob Santillan
The Foundation for Individual Rights in Education covers that, as I mention in the article.
FIRE points out that while student-run organizations at universities generally enjoy broad latitude in how they operate, student governments at public universities like that at U of H must make viewpoint-neutral decisions:
"But is the Student Government Association a regular student organization, as the University of Houston suggests? Or are student governments at public universities more like governmental actors?
The answer lies in the powers wielded by the student government. When a student government at a public institution administers mandatory fees collected from students to support student groups, it is “intertwined with the state in collecting, budgeting, and allocating funds to create a forum for speech,” and thus “acts under the color of state law.” Amidon v. Student Ass’n of the State Univ. of N.Y. at Albany, 399 F. Supp. 2d 136, 145 (N.D.N.Y. 2005), aff’d, 508 F.3d 94 (2d Cir. 2007). The student government must therefore make its decisions in a viewpoint-neutral manner. If a student government entrusted with this power disburses or withholds mandatory student activity fees based on a student group’s viewpoint, the public institution must intervene."
FIRE points out that while student-run organizations at universities generally enjoy broad latitude in how they operate, student governments at public universities like that at U of H must make viewpoint-neutral decisions:
"But is the Student Government Association a regular student organization, as the University of Houston suggests? Or are student governments at public universities more like governmental actors?
The answer lies in the powers wielded by the student government. When a student government at a public institution administers mandatory fees collected from students to support student groups, it is “intertwined with the state in collecting, budgeting, and allocating funds to create a forum for speech,” and thus “acts under the color of state law.” Amidon v. Student Ass’n of the State Univ. of N.Y. at Albany, 399 F. Supp. 2d 136, 145 (N.D.N.Y. 2005), aff’d, 508 F.3d 94 (2d Cir. 2007). The student government must therefore make its decisions in a viewpoint-neutral manner. If a student government entrusted with this power disburses or withholds mandatory student activity fees based on a student group’s viewpoint, the public institution must intervene."
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CPT Jack Durish
SGT Jacob Santillan - Yes, and you did a fine job of it. However, in real terms there is an abyss between theoretical and practical applications of the law. Sometimes we just have to grin and bear it, especially on American campuses where the Progressive Movement holds sway.
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