It was essential that Weinberg junior Andrew Thompson did not stand too close to The Arch or The Rock while passing out literature supporting Republican presidential candidate Ron Paul. Instead, during its political rally Nov. 28, Students for Ron Paul confined themselves to the sidewalk and the grassy areas in between.
Though The Rock is considered a focal point for gatherings on campus, holding a political rally there is against Northwestern policies.
Because Students for Ron Paul is not a recognized Associated Student Government group, Thompson – the group’s founder and leader – had to petition for permission from ASG to reserve the area. But soon after he received ASG’s approval, Thompson was informed that permission was denied by the administration.
“Students are, of course, free to assemble and to discuss their political views and to work in support of – or against – candidates of their choosing,” said Thomas Cline, NU Vice President and General Counsel, in an e-mail to The Daily.
Because NU is a 501(c)(3) tax-exempt institution, the university cannot engage in partisan political activity. For example, the university cannot endorse a candidate. But the Internal Revenue Code’s prohibition is broader, which prevents the university from letting student groups use its resources to campaign for a candidate.
Student groups are allowed to meet in university buildings to discuss political issues as long as they are promoting causes – the Democratic candidates as a whole or a political issue like health care – without endorsing an individual candidate. Political rallies, endorsements and individual advocacy for campaigns are prohibited.
Violating that section of the code could mean both tax penalties and a revocation of NU’s tax-exempt status.
More general political action groups, such as College Democrats, have not run into trouble with the policy because they refrain from endorsing candidates.
“Officially as a group, we don’t endorse any candidate,” said Alexandra Hunstein, secretary of College Democrats and a Communication sophomore. “We talk about many different Democratic candidates because we don’t want to isolate any members of the group.”
The Students for Ron Paul rally therefore needed to be held on “unreservable space,” or areas that do not count as a NU facility or resource. The grassy area between The Arch and The Rock fits these criteria.
James D’Angelo, a Communication junior and College Republicans vice president, has contacted members of the General Counsel’s office and IRS specialists to investigate the policy many times since the rally occurred in November, he said.
“I’m trying to figure out how the policy is able to be changed,” D’Angelo said. “(The General Counsel) keep blaming it on the IRS, but I asked the IRS what the problem was, and they basically said that the university was being ridiculous.”
The largest debate surrounding the current university policy is exactly what counts as university facilities and resources. D’Angelo is working to allow university facilities to be reserved by student groups for political campaign purposes.
“I talked to about four or five IRS specialists, and they all say (my proposed changes) are legal,” said D’Angelo, who is trying to get a written approval from the IRS.
The IRS sent D’Angelo guides to its policy for clarification. For an organization to maintain a tax-exempt status, “organization leaders cannot make partisan comments in official organization publications or at official functions.”
A change in policy runs the risk that NU could be portrayed as endorsing or opposing a specific political candidate, D’Angelo said, but he said he does not agree with that interpretation.
“It would be ridiculous to assume that NU advocates for whatever student groups advocates,” he said. “There are the College Democrats and the College Republicans. Does NU advocate for both groups?”
For now, with three weeks until the Illinois primary, D’Angelo is continuing to meet with the General Counsel’s office in hopes of resolving the issue.
Reach Sisi Wei at [email protected].
