Healy V James 408

Running head: HEALY V JAMES

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Healy v James 408 U.S. 169 (1972) McKenna Koewler Wright State University

HEALY V JAMES

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In September of 1969 (during the Vietnam War), a group of students from Central Connecticut State College requested official recognition of their student organization, Students for a Democratic Society (SDS). Many other political student organizations completed the same process to become a recognized student organization. The process included an application review by the Student Activities Committee, which was comprised of four students, three faculty members, and the Dean of Student Activities. Upon the approval of the application, the Student Activities Committee recommended the application to the university president for review. Becoming an officially recognized student organization was critical to their success; this status allowed the organization to reserve university space, obtain funding, and more. In SDS’s application, the organization stated they would provide opportunities for students such as: a place of discussion, the chances to alleviate issues of the leftist student point of view and integrate thought into action. As the Student Activities Committee reviewed SDS’s application, they determined the application was too ambiguous. Therefore, questions were raised due to concerns about violence as it connected to the National Students for a Democratic Society. SDS stated their response would be different per situation and would not state whether they would use violence to stop that action. Ultimately, the Student Activities Committee approved the organization with a vote of six to two and recommended the reviewal by the president. Immediately, President James denied the Students for a Democratic Society’s application under the circumstances of their national affiliation, alignment of values with the institution, and the invasion of student privacy. At the time, the national organization had been involved with many rallies, protest, and raids bringing a negative outlook to their affiliated institution (David, n.d.).

HEALY V JAMES

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Barbara Healy, one of many students who requested SDS’s official recognition, felt their First Amendment right was denied and took the issue to Federal Court. The Federal Court requested Central Connecticut State College review their decision; however, President James continued to deny the organizations application. The United States Court of Appeals Second Circuit did not hear the oral argument until March of 1972. The court made a unanimous decision in support of Healy and the Students for a Democratic Society. The First Amendment “guarantees the right of citizens to assemble peaceably and to petition their government” (Cornell Law School, n.d.). The denial diminished the students First Amendment Right to Assemble. Healy v James has impacted the way student affairs professional review organization requests and how to designate space for all organizations. This case set a precedent for all colleges and universities to develop policies explicitly stating purposes of denial and the proper procedures students should take to implement new student organizations. Universities can still provide benefits to recognized student organizations; however, all students must have the same opportunity to create an organization aligned with their interest.

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HEALY V JAMES References Cornell Law School. (n.d.) First amendment. Retrieved from https://www.law.cornell.edu/wex/ first_amendment Davis, M. (n.d.) New left. Retrieved from https://www.britannica.com/topic/New-Left Healy v. James. (n.d.). Oyez. Retrieved from https://www.oyez.org/cases/1972/71-452 The Editors of Encyclopaedia Britannica. (n.d.). Student for a democratic society. Retrieved from https://www.britannica.com/topic/Students-for-a-Democratic-Society Winston, A.M. (October 2014). Right to peaceful assembly: United States. Retrieved from https://www.loc.gov/law/help/peaceful-assembly/us.php#_ftn1