The Wichita State University Supreme Court of the Student Government Association

Case no. 64-005

[27 October 2021] SGA SC 64
Overview of Proceedings: On October 6th of 2021, the Student Government Association (SGA)
Student Senate was presented with the bill which would recognize Turning Point USA’s Wichita
State University Chapter (TPUSA WSU) as a Recognized Student Organization (RSO). At this
time, a motion was presented to move immediately into debate, and the motion failed. On
October 13th, the bill once again came before the Senate, and it was tabled to allow time for the
Senators to seek legal guidance on free speech concerns surrounding the vote. On October 20th,
the bill again came before the Senate for debate, after which the Senate voted to deny TPUSA
WSU RSO status. On October 24th, TPUSA WSU submitted a memorandum to the Court
appealing the decision of the Senate to deny recognition of TPUSA WSU as an RSO.
Following this request, the Chief Justice scheduled a Zoom teleconference hearing for October
26th to review the merits of the appeal and the constitutionality of the Senate’s decision to deny
TPUSA WSU recognition as an RSO. Four of the five-seated Justices were present for this
hearing: Chief Justice Naielle Lucella, Associate Justice Tala Salem, Associate Justice David
Ozinga, and Associate Justice Jacob Armstrong. Associate Justice and Clerk of the Court Brady
Flesner was absent. The President of TPUSA WSU, Olivia Gallegos, and the Vice President of
TPUSA WSU, Andruw Hoopes, both attended the hearing to present their appeal to the Court
and answer questions presented to them by the Justices. Also in attendance were Gabriel Fonseca
as an advisor to the Court, Derek Teeter as a legal advisor to the Court, and Logan Spina as a
legal advisor to TPUSA WSU. At the conclusion of this hearing Chief Justice Lucella assigned
herself and Associate Justice Armstrong as authors of this opinion, to be reviewed and edited by
her prior to being delivered to the Office of the Association and Association’s Advisor.
Issues Before the Court
Pursuant to the Student Body Constitution, Article IV: The Supreme Court, Section 4.
Jurisdiction, we submit this formal request to appeal a decision of the Student Senate
regarding SB-64-50 An Act Concerning the Approval of Turning Point USA.
Presence of Appeal:
The decision of the Student Senate to deny recognition of TPUSA as a Recognized
Student Organization.
Association Rules and Regulations Violated:
First Amendment of the United States Constitution
Article Three Section One Introduction of the Student Bill of Rights
Article Three Section One Clause Two of the Student Bill of Rights
Article Three Section One Clause Five of the Student Bill of Rights
Article VI Chapter One The Association’s Nondiscrimination Policy
 Evidence to the Violation:
The chapter of Turning Point USA at Wichita State University had met all the
requirements set forth by the Student Government Association yet was denied
recognition solely based on the viewpoints held by Turning Point USA and its members.
Members of the Association were quoted as saying in the October 20th Senate Meeting that: “I
don't agree with the organization's purpose (40:00)” “we can make determinations based on
what we assume that this organization will do based on their actions that they don't have to
violate a university policy (50:52)”
It is in violation of the Association's Constitution, the Student Bill of Rights, and the Constitution
of the United States of America to use viewpoint discrimination as the basis for denying an
organization official RSO status. While it is impossible to infer the reasoning behind each
individual Senator’s vote, the only reasons articulated in the official record for voting against the
recognition of TPUSA WSU as an RSO were based on (1) the affiliation of TPUSA WSU with
an outside organization (TPUSA), and (2) the perception of the political viewpoints of TPUSA
and TPUSA WSU. However, the record clearly shows that TPUSA WSU has met all viewpoint
neutral requirements expected of all student organizations seeking recognition as an RSO, as laid
out by Statute. Furthermore, the record does not indicate any violations which would warrant
denial of RSO status (or revocation of RSO status for existing student organizations) have been
fully adjudicated against TPUSA WSU. In summary, no facts have been entered into record
which would allow this Court to interpret the decision against TPUSA WSU as anything other
than viewpoint discrimination.
During the debate of the bill proposed to recognize TPUSA WSU as a recognized student
organization, multiple Senators expressed concerns with the process as it is outlined within the
SGA Constitution and SGA Bill of Rights. While it is true that no Senator should be “strong
armed” into a vote that goes against the will and needs of their constituents, it would set
dangerous precedent to identify the Constitution itself as such coercion, or to identify following
one’s constitutional obligations as a Senator as “undemocratic.” Adhering to the Constitution and
upholding the rights of the Association is the duty of every Senator and is the highest capacity of
representing one’s constituents. Wichita State University censoring or restricting speech, as a
state university receiving funds from the government, is the same as the government of the
United States censoring or restricting speech. As discussed in a previous decision by this Court
in 2017-00005 Student Affairs v. Student Senate, such censoring or restriction of free speech
would be an unconstitutional Act, both as defined by the Constitution and Bill of Rights of the
SGA as well as the Constitution and Bill of Rights of the United States of America. This Court
rejects any interpretation which views upholding the Constitution as inherently undemocratic.
Conclusion
The Court hereby overturns the decision of the Senate, grants the appeal of TPUSA WSU, and
orders the President of the Association to grant TPUSA WSU RSO status immediately. The
Court must reiterate the importance of abiding by the Constitution and following the precedent
set by case number 2017-00005 Student Affairs v. Student Senate. The ruling in 2017 was and
continues to be final. This current ruling is and will continue to be final. When the Executive or
Legislative branches overstep their boundaries and violate the Constitution it is the duty of the
Judicial Branch to intervene and protect the members of the Association from such an Act. As
this has been previously ruled upon in a nearly identical case, there is no reason that the Court
should need to intervene a second time. Additionally, it should be noted that any member of
either branch who violates their oath of office by not “protecting and defending” the Constitution
of the Student Body, is not upholding their solemn duty to the Association.
It is so delivered and ordered.
Naielle Lucella, Chief Justice of the Supreme Court
Jacob Armstrong, Associate Justice