The paper featured the Student Union party's 12-point platform but did not run statements from the SFS
party. Another student newspaper, The Banner, published candidate statements from both parties.
Dr. Springer upheld SERC's ruling invalidating the election and called for a new vote. She said the College
Voice, funded by student activity-fees, had violated election bylaws and compromised the electoral process
with its "thinly veiled ... campaign literature."
As it turned out, the Student Union candidates won all 37 slots sought in both the original election and the
rerun.
Nonetheless, several candidates, along with College Voice members, later brought the free-speech suit
against Dr. Springer and other administrators.
In August 2004, Judge Gershon ruled Dr. Springer had violated the plaintiffs' First Amendment rights.
However, she dismissed the suit against CSI's president and the other defendants, reasoning Dr. Springer
was entitled to qualified immunity because she may not have understood her actions were unlawful.
The plaintiffs appealed, and in July 2007, a majority panel of the Second Circuit vacated Judge Gershon's
findings on the latter issue and sent it back to her for trial.
In a partially dissenting opinion, Chief Judge Dennis Jacobs derided the lawsuit as a "case about nothing,"
adding it amounted to a "slow-motion tantrum by children."
Frank Donnelly is a news reporter for the Advance. He may be reached at
fdonnelly@siadvance.com.
©2009 SI Advance
© 2009
SILive.com All Rights Reserved.
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