$100 limit on campaign spending upheld for student election.
In Flint v. Dennison, the Ninth Circuit upheld the limits on campaign spending imposed by the University of Montana for its student government elections. Flint spent more than double the school’s $100 campaign spending limit to win his student senator seat. In a previous year, he and a co-candidate running for executive positions also exceeded campaign limits, for which both candidates received a censure. The second time he exceeded the limits, the school refused to allow Flint to take office. Flint sued, claiming the campaign limitations violated the 1st amendment.
The Court upheld the decision, finding the student government elections was a limited public forum, and the limitations were content neutral and reasonable. The Court rejected the school’s argument that. Because the purpose of the student government was to offered educational opportunities in leadership to students, the election was not public forum at all.
Although Flint had graduated by the time the Court considered the appeal, the issue was not moot as Flint’s prayer for relief in his complaint had included expungement of the adverse decision from his student record. Additionally, because such expungement would be prospective, rather than retroactive injunctive relief, the school officials sued in their official capacity were not entitled to immunity under the Eleventh Amendment.
