SGA resolutions stir controversy

Members of the UMKC faculty, third-floor administrators, the Student Government Association (SGA), and The University News are taking positions in response to resolutions passed by the SGA two weeks ago.

SGA President Geoff Gerling has signed three of the four resolutions and vetoed resolution number three that recommends cutting the U-News' budget by $15,000.

Legal counsel and press organizations are also getting involved in the dispute that could lead to a lengthy and expensive court battle.

Dean of the College of Arts and Sciences, Bryan LeBeau, said the issue hangs on the First Amendment of the U.S. Constitution.

"It's a matter balancing freedom of speech on the side of the SGA and freedom of the press in the case of the U-News," Le Beau said.

Vice Chancellor of Student Affairs Pat Long believes the resolutions are an exercise of free speech.

"My understanding at this time is that the first amendment rights of U-News are not infringed by the resolutions, as the SGA has no authority to implement any of the resolutions," Long said.

Long maintains the resolutions are an expression of student opinion.

"Instead, these resolutions are a collection of recommendations for, or comments to, U-News, based on the opinions of students and brought forward by these students' representatives," said Long.

The Society of Professional Journalist (SPJ) has dispatched a team to campus to draw its own conclusions. The fact-finding taskforce will determine whether rights guaranteed by the U.S. Constitution have been violated which in turn will help the organization decide upon an appropriate response.

"The information [we gather] will help determine whether legal funds are available for use," said UMKC adjunct faculty Professor Patrick Dobson, who was appointed by the national organization, based out of Indianapolis.

Dobson is one of seven professional journalists looking into the matter, which includes President of the Kansas City Press Club, Kerry Fivecoat-Cambel, and the managing editor of the The Pitch, Tony Ortega, who will be on campus interviewing the parties involved.

Ortega has already visited the campus on behalf of the The Pitch and interviewed a number of people in the SGA, administration and the U-News for a story to be published in an upcoming issue.

Some faculty members are letting their positions be known as well.

Professor Gary Ebersole of the Department of Religious Studies views the resolutions as wrong. "I find them problematic." Ebersol told Executive Vice President Tom Kernan that he had "dropped the ball" on the passing of the resolutions. "Even Homer nods," he reminded the vice president.

Professor Kathleen Kilway of the Department of Chemistry believes that though the resolutions are only recommendations, they are meant to influence the newspaper.

"It's a form of control," she said, and suggested a more participatory solution. "I'm a strong believer that if you have a problem with something like this that you should, instead of complaining about it, actually go and join it, and be an active member."

Dobson is also against the resolutions.

"I think that these resolutions are a short-sighted attempt by a group to change a student publication that by its very nature is supposed to be free of their control," Dobson said.

"You can't have the independent eye when the independent eye is lensed by the people it is supposed to be reporting on."

Dobson also feels that the administration is sending the wrong message. "If they don't step in and say 'this is the wrong thing' then they are tacitly approving of them," he said,

adding, "It smells like they like what SGA is doing."

Dean LeBeau has made clear that he does not advocate the violation of anyone's constitutional rights.

"I would never approve of sanctioning any action that violates freedom of speech or freedom of the press," Le Beau said.

Long's position is neutral.

"As I have said previously, I support the First Amendment in the right of student groups to express their opinions through freedom of speech just as I support a student newspaper's right to freedom of press," Long said.

The U-News is obtaining legal counsel to defend the rights of their newspaper. Legal counsel from University of Missouri has also been contacted by Long to weigh in on the matter. U-News faculty advisor Robert Unger said whether or not the resolutions violate the First Amendment depends on the definition of the SGA.

"In the end, that determination probably hangs on whether the SGA is an arm of the University in the legal sense. And that may have to be decided by a judge," Unger said.

Editor in Chief Nick Barron feels that the U-News has a strong case. "The University News feels as if its First Amendment rights are under attack and is hoping the University's administration will step in and resolve these issues soon. Our legal counsel has advised us that the SGA is viewed, by the law, as official representatives of the University and not just a student group. Members of the administration have been given the only two options The University News feels can stop these attacks on our First Amendment rights. The University News is more than willing to let a third party, such as a federal judge, answer the questions surrounding the SGA's actions and University's inactions."

mleahy@unews.com