Turning Point USA initiated legal action against SUNY Cortland following the denial of an official chapter’s presence on campus.
On February 22, 2024, Turning Point USA filed a federal lawsuit against school officials and the student government association after an official chapter of the organization was denied a place on campus last semester.
The TPUSA organization describes its mission as an effort to “Empower young activists to get involved in the fight for free markets and limited government. Through building strong campus networks, organizing conferences, and equipping activists with the knowledge and strategies needed to combat the left, TPUSA empowers young people to make a difference within their community.”
Described by ADL, an anti-hate organization, “Turning Point USA (TPUSA) is a Phoenix-based right-wing student organization co-founded in 2012 by Charlie Kirk…TPUSA has raised millions of dollars from conservative donors and has become an influential player in Republican politics.”
ADL also takes note of some of the widest spread concerns about the organization, stating “Since the group’s founding, Kirk has moved further to the right and has promoted numerous conspiracy theories about election fraud and Covid-19 and has demonized the transgender community. Kirk also promotes Christian nationalism: the idea that Christians should dominate the government and other areas of life in the US. TPUSA continues to attract racists to the group. Numerous TPUSA representatives have made bigoted remarks about minority groups and the LGBTQ+ community.”
The dispute stems from a Student Government Association Senate meeting on November 28, 2023. Four SUNY Cortland students petitioned for a Turning Point USA chapter to be certified on campus. The club officers, including Gabriella Delorenzo (President) and Megan Rothmund (Vice President), presented their case to over 60 student senators. The meeting was also attended by other students and faculty.
In their presentation, the four students highlighted what they hoped could be accomplished with a TPUSA chapter at SUNY Cortland. Delorenzo explained that meetings would reflect an appreciation for America and American Freedom, with hopes to have a cordial debate between members with differing views.
The club officers discussed the opportunities a club like TPUSA would bring, including “unique off-campus opportunities” and events from the organization-approved list of speakers. In the group’s presentation, they mentioned names such as Candace Owens (Former TPUSA Employee) and Charlie Kirk (TPUSA Founder). According to the official website, the speaker’s bureau includes “top leaders and influencers in the conservative movement.” View the full list HERE
After the presentation, the floor opened for questions from student senators. This portion took up the remainder of the two-hour meeting, with many students expressing their views.
First, the officers were asked why they were interested in TPUSA. Delorenzo then explained she has been passionate about the organization since 15 years old, and now as a college Senior sees the need for a campus presence. She said it’s important to be able “to agree to disagree” with peers, including that the club had already gained over 50 signatures in support from students in under 24 hours.
The student senator representing Student Veterans questioned language from TPUSA’s non-discrimination clause, saying “In other non-discrimination clauses from other campus clubs, I didn’t see any language that made it seem like it might be permissible to discriminate if state law allows for such exceptions…It is kind of an alarming sentence and I’m wondering when that would come into effect”
Delorenzo responded, “That can easily be taken out, we probably saw that in another constitution [referring to another TPUSA constitution from another chapter] and just decided to put it in there.”
From the constitution TPUSA submitted for approval, the non-discrimination clause stated “Turning Point USA at SUNY Cortland shall not discriminate on the basis of race, color, religion, sex, gender identity, age, national or ethnic origin, disability, military status or status of a veteran, or on the basis of sexual, racial, ethnic orientation in the selection of its members or its program unless federal or state law allows for such exceptions.”
Delorenzo then said that when creating the constitution, the officers found the same clause in other SGA-approved clubs’ constitutions.
As of February 27, 2024, it is unknown which campus clubs Delorenzo was referring to, and the phrase cannot be found in any accessible bylaws.
A student senator from the Black Student Union questioned how TPUSA would make all students feel comfortable, something that their own club has struggled with in the past.
The TPUSA officers responded by saying “You don’t have to attend the event if you don’t feel like you want to be a part of it.”
The officers made it clear that they do not agree with everything TPUSA posts or does, leaving many student senators also questioning if the officers would consider disaffiliating from TPUSA. When this was posed, the E-Board members were unwilling to do so, mainly stating the connections TPUSA offers as reasoning. “We are four girls at Cortland that want to start a club… we are the Cortland Turning Point – a completely different part of it.”
Another prominent point mentioned during the meeting was that the submitted mission statement of the club’s bylaws included a statement pulled directly from TPUSA’s official website, just edited to exclude the word ‘conservative.’
Other questions included examples of debate topics, how the club would plan on using a budget if granted, alleged violations of SGA rules, facilitating potentially violent discussions, and if the club was truly non-partisan due to content from TPUSA’s official social media platforms.
The lawsuit highlights one professor’s comments and questions during the meeting. Nikolay Karkov, a philosophy professor at SUNY Cortland, was yielded time to speak by a student senator.
The complaint states, “Defendants Student Government and Bitterbaum withheld recognition from Plaintiff TPUSA under their Nonrecognition Policy because the Student Government’s Student Senate and Defendant SUNY Cortland Professor Defendant Nikolay Karkov objected to and attacked Plaintiffs’ views.” (Page 1)
View the full document HERE.
Professor Karkov began his statement by saying the following:
“I just want to say a couple of things. First of all, there are a couple of us who came as faculty. Respectfully, we didn’t come here to support you, I want to be very clear. I also don’t know any of the four women speaking. I trust that you’re probably well-intentioned, you’re probably wonderful people, but I want to list a couple of things about the organization itself; what the organization has done, what its key members have done because you can only disaffiliate so much from them.”
Prof. Karkov then went on to list an alleged instance of a hate crime committed by TPUSA members, Charlie Kirk calling for transgender people to be “dealt with” like men did “in the 50s and 60s” referring to lynching, and TPUSA members calling Critical Race Theory “the most racist thing to ever happen in this country.”
He was then stopped by meeting officials and the club officers, asking him if there was a question. Prof. Karakov clarified that he wanted the officers to comment on what they personally thought of the instances he previously mentioned.
“I would like to ask what you think, whether you affiliate or disaffiliate, because if this is the organization you represent you can only go so far to disaffiliate…I would like to hear what you think and why you think the organization should be chartered to be present at SUNY Cortland. That is the simple question that I have, thank you.”
Delorenzo then responded by saying there was no question asked, and “If you dug a little deeper, those [the instances mentioned by Karakov] were taken out of context and cut short.”
A portion of what Prof. Karkov said can be seen posted on TPUSA’s official X (formerly Twitter) page
Katherine Locastro, a TPUSA representative, posted her own opinions along with a video of Delorenzo’s response to Prof. Karkov. “Marxist professor Nikolay Karkov smeared @tpusastudents with falsehoods at the approval meeting. While Pride Club is permitted, TPUSA is not.”
Time was then yielded to a club advisor, who asked the TPUSA E-Board about their previously stated views on a lack of debate and conversation chances on the SUNY Cortland campus.
“I’m wondering about the many events that were hosted on campus about the earlier point of conversation you brought up surrounding the Israel-Palestine conflict,” said the club advisor.
This was in reference to a previous statement from an officer, “Israel and Palestine is a conversation to be had, learn about what’s really going on over there.”
The club advisor continued, “You say there’s a lack of conversation opportunities, so where do you see these if there were multiple chances within this past month alone?”
These events were spread throughout October 2023, hosted by organizations such as the Hillel Club, the History Department, and the Institutional Equity and Inclusion Office.
The TPUSA officers responded that none of them were able to attend any of the handful of events, and restated their desire “to bring conversation.”
After around 90 minutes of back and forth, time was running out in the last SGA Senate meeting of the Fall semester. Had the motion not been voted on, it would have had to be tabled until the Spring semester. Each student senator then had an opportunity to approve, deny, or abstain.
Following extensive discussion, the Senate voted to deny recognition to Turning Point USA at SUNY Cortland. 42 student senators voted to deny, while 9 were in favor of approval. The number of senators who abstained was not recorded. The decision sparked a flurry of reactions on social media platforms and within campus communities.
Most notably, YikYak, an app that allows users to post anonymously, saw debate from both sides of the argument. Many posters were happy with the decision, while many argued it was a violation of 1st Amendment rights.
In December, Delorenzo and Rothmund met with college officials to seek recognition for TPUSA. Allegedly, this was met with discouragement from SUNY Cortland President Erik Bitterbaum since the club would likely face another denial.
In the lawsuit, TPUSA found the SGA Senate voting process redundant, since the chapter first had to pass through the college’s Review Committee. They wish to be reinstated as a club since the senate voting process appeared to be biased and did not have a specific set of criteria to follow.
Find the guidelines for establishing a new club at SUNY Cortland HERE.
Student Government Association has declined to comment on the situation.