Students for Free Speech

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James Bopp Jr, today filed a friend-of-the court brief in a U.S. Supreme Court case involving the rights of student groups on university campuses to determine the ideological requirements for membership in the group. The case, Christian Legal Society v. Martinez, involves a challenge to the University of California Hastings’ derecognition of a Christian student group because it requires its members and leaders to be Christians. Should the lower court’s ruling be upheld, no political, ideological, or religious student group would be safe.

Mr. Bopp represents Students for Life America, the College Republican National Committee, and the Republican National Lawyers Association. Each organization has student chapters that advance ideological or political ideals. Hastings’ “all comers” policy requires student groups to permit all students to join as members and leaders, regardless of the effect on the groups’ message. Thus, a Republican student group cannot require that a student be a Republican to join it or be its President. Pro-life student groups must allow a pro-abortion student to be its President.

James Bopp, Jr. explains: “this type of policy threatens the existence of any student organization that organizes to promote an ideology—conservative, liberal, and everything in-between.” He continues, “the First Amendment protects student organizations’ ability to define themselves along political, ideological, or religious grounds.”

Bopp will argue a free speech case before the Supreme Court this term. That case, Doe v. Reed, involves ballot measure signatures and the ability of signers to be protected from harassment for their views. He is known for his role as the mastermind behind the Citizens United case decided by the Supreme Court less than three weeks ago. Mr. Bopp has also won four previous campaign finance cases he argued in the United States Supreme Court.

James Bopp, Jr. has a national federal and state election law practice. He is with the law firm of Bopp, Coleson & Bostrom in Terre Haute, IN and is General Counsel for the James Madison Center for Free Speech.