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16 J.C. & U.L. 649 (1989-1990)
Alabama Student Party v. Student Government Association of the University of Alabama: The First Amendment and Student-Government Election Campaign Speech in Public Universities

handle is hein.journals/jcolunly16 and id is 689 raw text is: CASE COMMENT Alabama Student Party v. Student Government Association of the University of Alabama: The First Amendment and Student-Government Election Campaign Speech in Public Universities INTRODUCTION In Alabama Student Party v. Student Government Association of the University of Alabama,, the Eleventh Circuit considered a first-amend- ment challenge to regulations restricting campaign speech and literature distribution prior to the election of student-government officers at the University of Alabama.2 The court upheld the regulations out of def- erence to school officials who seek to reasonably regulate speech and campus activities in furtherance of the school's educational mission and to minimize the disruptive effect of campus electioneering.' No actual showing of any likelihood of disruptive effect was required.4 Focusing on the relationship between the court's reasoning and the precedents cited in Alabama Student Party, this Case Comment suggests that Alabama Student Party does not provide reliable guidance in dealing with first-amendment challenges to regulation of student activ- ities. Part I of this Case Comment analyzes and criticizes the court's four main rationales for its holding, as well as an additional rationale suggested but not developed by the court. Part II examines public- forum analysis,5 the analytical method employed by the dissent6 but specifically rejected by the majority7 in Alabama Student Party. Part III presents recommendations for college and university attorneys com- 1. 867 F.2d 1344 (11th Cir. 1989). 2. Id. at 1345. 3. Id. at 1347. 4. Id. at 1345-47. 5. See Perry Educ. Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37, 103 S. Ct. 948 (1983). 6. Alabama Student Party, 867 F.2d at 1349-50, 1352-54 (Tjoflat, J., dissenting). 7. Id. at 1345.

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