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Northern Illinois University: Unequal Treatment of Political and Religious Student Organizations

The Student Association Senate at Northern Illinois University twice denied recognition to the NIU chapter of Students for Sensible Drug Policy (SSDP) because of the group's viewpoint, its alleged "political" activities, and failing to show sufficient "respect" for the Senate. Following the first denial of recognition, the Senate made matters much worse by defining "political" and "religious" organizations so as to unconstitutionally jeopardize the funding of many more student organizations. The Student Association also maintains unconstitutional double standards regarding recognition and funding of student organizations, making "political" and "religious" student organizations at NIU second-class groups while giving "social justice" and "diversity" groups full recognition. FIRE wrote to NIU President John G. Peters in November 2010 regarding NIU's moral and legal obligation to step in when the Student Association violates First Amendment rights. Finally, in April 2011, NIU's Student Association Senate amended its policies to prohibit viewpoint discrimination in student group funding.

Case Materials

• "Victory for Freedom of Speech and Religious Liberty at Northern Illinois U; Political and Religious Organizations Finally Get Equal Treatment," April 28, 2011: After months of delay, Northern Illinois University (NIU) has finally given political and religious organizations access to student activity fee funding. In 2010, NIU's Student Association brazenly flouted Supreme Court precedent by discriminating against all such groups, maintaining extensive double standards, and denying recognition to NIU Students for Sensible Drug Policy (SSDP) on two separate occasions. SSDP came to FIRE for help.
• "Northern Illinois University Student Association Finance Policy, 2011," April 26, 2011
• "Under Pressure from FIRE, Northern Illinois U. Finally Recognizes 'Students for Sensible Drug Policy,' But Double Standards and Other First Amendment Violations Persist," December 10, 2010: Northern Illinois University (NIU) has finally given full recognition to NIU Students for Sensible Drug Policy (SSDP) after the Student Association Senate twice denied the group any recognition, which had prevented SSDP from meeting or posting flyers on campus. But Senate policy still denies funding to all "political" and "religious" student organizations. This arbitrary standard classifies Christian, Muslim, and Jewish organizations as "religious" and therefore ineligible for funding, while the campus Baha'i Club is funded as a "cultural" group. Similarly, groups such as Model United Nations are considered "political" while many "social justice" or "advocacy" groups—including student pro-life, pro-choice, antiwar, women's rights, vegetarian, and victims' rights groups—are fully recognized. SSDP came to FIRE for help.
• "Letter to NIU SSDP founder Jeremy Orbach, December 10, 2010," December 10, 2010
• "Northern Illinois U. Kicks 'Students for Sensible Drug Policy' off Campus for Its Views; Campus Policy Attempts to Overrule 5 out of 5 Rights in the First Amendment," December 6, 2010: Last night, the Northern Illinois University (NIU) Student Association Senate denied recognition for the second time to NIU Students for Sensible Drug Policy (SSDP). As a result, SSDP may not meet on campus, post flyers, or reapply for recognition for two years. The Senate also denies funding to all "political" and "religious" student organizations, including the Model United Nations, which it labels a "political" group. Meanwhile, groups dubbed "social justice" or "advocacy" groups—including student pro-life, pro-choice, antiwar, women's rights, and victims' rights groups—are eligible for funding. SSDP came to FIRE for help.
• "SSDP group denied SA recognition," Northern Star, December 5, 2010
• "NIU Response to FIRE, December 3, 2010," December 3, 2010
• "FIRE Letter to Northern Illinois University President John G. Peters, November 18, 2010," November 18, 2010
• "NIU Student Association Bylaws Part III, Article III: Recognition Process with Definitions of Political and Religious Organizations," November 7, 2010
• "NIU Student Association Bylaws Part IV: Finance Policy," November 7, 2010
• "NIU Student Association Bylaws Part III, Article V: Benefits of Recognition ," November 7, 2010
• "NIU Student Association Bylaws," November 7, 2010
• "NIU Student Association Bylaws Amendment Bill, November 7, 2010," November 7, 2010
• "NIU Student Association Senate Meeting Minutes, October 24, 2010," October 24, 2010
• "NIU PAVE Student Association Description," September 1, 2010
• "Categorical List of NIU Student Organizations," September 1, 2010

Blog Entries

• "Victory for Freedom of Speech and Religious Liberty at Northern Illinois U; Political and Religious Organizations Finally Get Equal Treatment," by Adam Kissel, April 28, 2011
• "Under Pressure from FIRE, Northern Illinois U. Finally Recognizes ‘Students for Sensible Drug Policy,’ But Double Standards and Other First Amendment Violations Persist," by Adam Kissel, December 10, 2010
• "'Reason' Senior Editor Jacob Sullum on Student Rights at NIU," by Peter Bonilla, December 8, 2010
• "Take Action: Tell NIU to Meet Its First Amendment Obligations," December 6, 2010
• "Northern Illinois U. Kicks 'Students for Sensible Drug Policy' off Campus for Its Views; Campus Policy Attempts to Overrule 5 out of 5 Rights in the First Amendment," by Adam Kissel, December 6, 2010
• "Greg Lukianoff on 'The Vicki McKenna Show'," December 6, 2010

Media Coverage

• "NIU Recognizes Students for Sensible Drug Policy,"
  by Jacob Sullum, reason.com, December 10, 2010
• "What's a Group Gotta Do to Post a Flyer Around Here?,"
  by Jacob Sullum, reason.com, December 8, 2010