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Document shows Gardner previously advocated for free speech limitations

Madison Gardner, who is suing the University for violating his right to freedom of association and freedom of speech, signed a document in 2010 stating candidates voluntarily submit themselves to the Election Code and in doing so give up certain rights to speech.
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According to a recently resurfaced document, former SG presidential candidate Madison Gardner signed a formal appeal in 2010 that argued candidates voluntarily waived certain rights to free speech. This argument was part of an appeal to the Election Supervisory Board that protested a rule limiting the ability of former candidates to endorse current candidates. This appeal has been confirmed by others involved in Student Government at the time.

The appeal, stemming from when Minator Azemi and Justin Stein were running against Scott Parks and Muneezeh Kabir, protested a rule that former candidates who ran for SG positions must follow the Election Code during campaigning season. The authors of the appeal, including Gardner, wrote that there is a distinction between present and former candidates, and that only current candidates must submit to the rules of the Election Code.

The appeal, in part, states:

“I find this statement from two years ago is completely contradictory to the cause under which Madison is now suing, and I think the students at UT deserve to hear how much Madison has flipped and how desperate he seems in becoming UT student body president.”

— Anonymous

“Candidates who wish to run for office voluntarily enter into the agreement created by the Election Code. The Election Code is an established set of rules that governs campus election processes, and certain stipulations do limit the right of free speech. Nevertheless, candidates voluntarily submit themselves to the Election Code when running for office, and thus, give up certain rights to speech.“

Currently, Gardner is filing a lawsuit against the university to get back on the election ballot on the basis that the recent Election Supervisory Board opinion violated his right to freedom of association and freedom of speech. The lawsuit was filed after he was disqualified on Feb. 22 for associating with Student Events Center presidential candidate Carissa Kelly in a promotional photo for their campaign.

Madison Gardner was supplied this document and given time to make a statement. He responded in an email to The Horn.

"Never before has the ESB so broadly defined ‘association’ as to infringe on freedom of speech,” Gardner said. “Further, ‘candidates’ in the election code have only applied to Student Government and this never intended to infringe upon our freedom of association."

This document was initially sent to The Horn by an anonymous source, and has been validated as authentic by other members of Student Government. The source, who requested their identity not be released, gave their own statement on the issue:

“I find this statement from two years ago is completely contradictory to the cause under which Madison is now suing, and I think the students at UT deserve to hear how much Madison has flipped and how desperate he seems in becoming UT student body president.”

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Click HERE to read the document in full.

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