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Updated: Thursday, 25 Feb 2010, 10:39 AM MST
Published : Thursday, 25 Feb 2010, 10:36 AM MST
AUSTIN (KXAN) - A group of University of Texas students is accusing UT of theft.
The controversy revolves around a Debra Medina sign that was staked outside of a polling location on campus. After university workers took it down, the group Students for Debra Medina called UT police and filed a police report.
"When the university comes out and they censure us like they squelch these ideas, they say no we didn't approve this," said Tyler Rosen, Co-President of Students for Debra Medina. "You can't put it out here. It completely defeats the purpose of the university and it's extremely frustrating and I'm ashamed of the university's actions."
The group maintains that their 4-foot-by-8-foot sign followed all the laws when it comes to electioneering outside of voting locations. The university, however, said the law is different for governmental buildings.
"Because we have an educational mission, the University has always had time, place and manner restrictions on speech and assembly which place some limits on free speech rights in order that the University’s educational and business processes are not disrupted, while still providing ample means for expression," said Jeffrey Graves, UT's Associate vice president for legal affairs.
According to University rules , signs are restricted to certain areas on campus for a variety of reasons: it maintains orderliness, it doesn't involve the University in partisan politics and it respects everybody's rights.
"Having signs staked out on our grounds, posted on our buildings or otherwise posted around campus in ways other than those allowed by our rules runs the risk of them being misinterpreted as belonging to the University and that the University is endorsing a particular candidate, which we may not do," said Graves.
The students, however, said they have contacted the Secretary of State's office and believe they are on the right side of the law. They have threatened to possibly pursue further legal action.
"We are aware that it is against University policy but we were also aware that state law is conflicting with university policy in this case," said Rosen. "So, state law definitely supercedes university policy. Needless to say, I am confident we are in the right."
According to Randall Dillard with the Sec. of State's office, the electioneering laws are not across the board and he agrees that the University can make separate rules.
"Under circumstances, some governmental entities may have the authority to impose reasonable but content neutral restrictions regarding electioneering on governmental property," said Dillard. "Those restrictions just must be applied equally to parites across the board."
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