James Madison University: Student Government Association Requires Candidates to Submit Campaign Materials for Approval Prior to Publishing


James Madison University

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Case Overview

In September, James Madison University's Student Government Association enacted a policy requiring candidates for SGA to submit “[a]ll campaign content posted to social media or otherwise” to the Elections Commission for prior approval before publication. FIRE wrote the SGA on November 9 explaining this policy violates the First Amendment because it imposes a prior review on protected speech and grants the Elections Commission unbridled discretion to approve or reject campaign content, opening the door to unconstitutional viewpoint discrimination.