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Alliance Defending Freedom Challenges University’s Student Group Policies

Alliance Defending Freedom Challenges University’s Student Group Policies

A conservative student organization at the University at Buffalo, represented by Alliance Defending Freedom, is taking its First Amendment battle to the U.S. Court of Appeals for the 2nd Circuit, challenging what they claim are unconstitutional restrictions on student group recognition and funding.

Young Americans for Freedom (YAF) filed a notice of appeal after a federal district court dismissed their case in December. The dispute centers on the student organization’s access to over $6,000 in student-fee funding and their right to maintain national affiliations while receiving university recognition.

What is Alliance Defending Freedom?

Alliance Defending Freedom (ADF) is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, marriage and family, and the sanctity of life.

Alliance Defending Freedom Church & Ministry Alliance is a specialized legal service branch of Alliance Defending Freedom that handles cases involving religious institutions’ First Amendment protections and operational freedom.

The conflict began in June 2023 when the University’s Student Association derecognized YAF because of its affiliation with Young America’s Foundation, a national conservative organization. While the Student Association later rescinded this policy following an initial lawsuit, it implemented new requirements that ADF attorneys argue are equally problematic.

According to the legal complaint, the new policy requires student organization leaders to “surrender their—and their organization’s—right to file a lawsuit against the university or its officials in the future.” The policy also restricts the groups’ abilities to exist as legal entities under state law, maintain financial accounts, and enter into agreements with other organizations.

Alliance Defending Freedom attorneys contend that the university’s policies violate their “right to associate with others in the pursuit of a wide variety of religious, political, social, economic, educational, and cultural ends.”

Alliance Defending Freedom Legal Counsel Logan Spena argues that the university’s actions amount to “picking winners and losers in the marketplace of ideas.”

YAF has maintained a presence on the University at Buffalo campus since 2017, regularly hosting campus events and maintaining a membership of over 100 students. The organization focuses on education about U.S. history, the Constitution, individual freedom, and free enterprise through various campus activities, including hosting speakers and distributing information.

In a statement on Alliance Defending Freedom Media, ADF Senior Counsel Caleb Dalton said that associating with like-minded peers on campus to discuss relevant issues is fundamental to the rights of free speech and exercise that the First Amendment protects. “But instead of protecting an open and free marketplace of ideas, officials at the University at Buffalo have violated Young Americans for Freedom’s constitutionally protected freedom to assemble and speak. Public universities can’t punish students because of their political or religious viewpoints or affiliation with a national organization,” Dalton said.

The case, titled University at Buffalo Young Americans for Freedom v. University at Buffalo Student Association, now moves to the appellate level where the constitutional implications of university policies on student organization rights will be examined.

The ruling could reshape how public universities nationwide balance student groups’ constitutional rights with institutional oversight, particularly regarding national affiliations and funding.