Oregon daily emerald. (Eugene, Or.) 1920-2012, March 09, 2005, Page 4, Image 4

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PFC: Controversy caused by content judgment
Continued from page 1
ruled entirely based on that quote,”
he said. “I presume it went over the
minutes and made its own decision. ”
The decision also states that Cortez
erred because he “did not provide a
budgetary rationale for disapproving
the (Commentator’s) budget.”
Cortez was removed from the Senate
because “the findings of removal cross
es over into his duties as an ASUO Sen
ator,” according to the decision.
However, Cortez said the court is
preventing him from doing his job as
an elected official.
“ (The court) is pretty much silenc
ing my voice that I represent as a stu
dent on campus as a student of col
or,” he said.
Derrick said he would not elabo
rate on the decisions.
“He has the right to file a motion
for reconsideration if he feels there
was an inaccuracy,” he said.
Although the three rulings are sim
ilar, both the decisions against Cortez
and Kieffer cite the court’s finding
against Quiroz.
That ruling came in response to
Atkinson’s allegations that Quiroz vi
olated the prominent Supreme Court
findings of Rosenberger v. Rector and
Visitors of University of Virginia and
Southworth v. Board of Regents of
University of Wisconsin System.
Atkinson also alleged in the petition
that Quiroz violated the ASUO Con
stitution and intended to continue vi
olation of those rules with prejudice
against the Commentator.
The central question of the Com
mentator controversy was whether a
PFC member could take the Com
mentator’s content into consideration
“when approving the Mission and
Goals and subsequent funding for an
incidental fee funded publication,”
according to the decision.
The three PFC members expressed
concerns during hearings of the pub
lication’s mission and goals that the
Commentator, a conservative maga
zine, published what some have
called hate speech.
The court found that the Rosen
berger and Southworth rulings pre
vent PFC members from looking at a
publication’s content.
“The proper measure, and the
principle standard of protection for
objecting students ... is the require
ment of viewpoint neutrality in the
allocation of funding support,” ac
cording to the decision.
Quiroz “made several statements
that demonstrate a clear violation of
viewpoint neutrality by reviewing and
making judgment about the Oregon
Commentators (sic) content,” accord
ing to the decision. Quiroz’s statements
include: “They should be rejected, not
because we reject their overall at
tempts at sophomoric humor ... but
because they have targeted a particu
lar person in an abusive and danger
ous way,” Derrick said in the decision.
The decision against Kieffer states
that he “fully comprehended and un
derstood that he was in violation of
viewpoint neutrality” when he “pub
licly states that he would not obey an
‘unjust law.’”
Kieffer also “did not provide a budg
etary rationale for disapproving the
budget,” according to the decision.
Kieffer said he disagreed with the
ruling, although he said the court
was following its guidelines.
“My personal opinion is rules can
sometimes be completely useless in
finding a good solution to a prob
lem,” he said. “I would have liked it
to rule in favor of the PFC (members)
who stand behind this issue.”
Commentator Editor in Chief Tyler
Graf was pleased with the decision.
“I do believe that the Con Court
made the right decision,” he said.
“Mason was grandstanding and
clearly not doing the job people elect
ed him to do.”
Justice Charlotte Nisser disagreed
with the punishments for Quiroz and
Cortez, stating that “the remedy de
termined by the Court is excessive.”
parkerhowell @ dailyemerald. com
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