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

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Case Overview

FIRE Victory closed

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. FIREwrote 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.

In February 2024, JMU rescinded the policy.

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