A senator in the Student Government Association raised concerns about “a group promoting the sale” of “illegal substances” at the SGA meeting on Nov. 1.

At-large Sen. Joshua Mallard criticized The Sunflower for publishing four print ads from Green Valley Smoke Shop, an off-campus local business, and pointed to Wichita State’s Student Code of Conduct. The products that Green Valley Smoke Shop sells are all legal in Kansas.

Mallard first read from Chapter 11, Section 11 of the Wichita State Policies and Procedures Manual, which states that WSU is a “tobacco-free campus.”

Mallard also read from Article VI in the Student Code of Conduct, which states that it is a violation for any student or organization to promote, encourage or facilitate any act prohibited by university policy. The smoke shop ad promotes the business and not the use of substances.

The Sunflower is an editorially independent student newspaper, meaning student-journalists make all content decisions. While Mallard acknowledged that The Sunflower is independent, he said student fees from SGA still fund it.

Mallard said that he was not claiming The Sunflower was in violation of any rule but that illegal substances are not allowed on campus. 

“I have talked with The Sunflower, and they’re saying that they’re not in violation,” Mallard said. “And I’m not doing this to attack a group. I have been in contact with (SGA Adviser) Brandon (McClain) and (The) Sunflower because I’m trying to make sure that it’s not illegal.”

At-large Sen. Carson Cruzeiro asked if SGA could do anything to regulate The Sunflower’s ads.

The Sunflower contacted the Foundation for Individual Rights and Expression (FIRE), which “defends and promotes the value of free speech for all Americans in our courtrooms, on our campuses, and in our culture.” 

Adam Goldstein, who serves as the vice president of research at FIRE, said in an interview that “no amount of association” between the student government and the newspaper gives the university or student government control of the newspaper’s pages, even if the newspaper were “100% supported by the student government.” 

He cited two court cases: Leuth v. St. Clair Community College and Antonelli v. Hammond.

Goldstein also said that “liability follows control,” and because the newspaper is editorially independent, the institution or student government cannot control it, and the student government cannot be held liable for what the newspaper publishes.

“That’s the trade-off — by creating a forum, by giving editorial control over to student editors, (SGA) lose(s) the ability to control it, but they also are alleviated from liability for what’s published,” Goldstein said. “If (SGA) were to start to meddle in the advertising policy, they would start to then become liable for all the things published.”

According to The Sunflower’s advertisement policy, advertisements must be approved by The Sunflower’s advertising manager, and The Sunflower can refuse any advertisement, including those that are libelous, violate a local, state or federal law, promote academic dishonesty, or encourage discrimination against any individual or group.

The Sunflower’s advertisement policy has been approved by the Publications Board, which acts according to the bylaws approved by the WSU President.

Mallard said that some students with medical conditions, such as heart conditions or asthma, live in the Flats and Suites, and if someone smokes, it “hurts them, and it could kill them.”

“I’ve had friends come to me and colleagues and people who live in the dorms and The Suites who have stated that they do not feel safe on campus because their RAs (resident assistants) do not report the smoking that happens,” Mallard said.

Mallard also discussed how ads for the Up-N-Smoke shop — which are unrelated to the ads ran in The Sunflower — have been posted in the Rhatigan Student Center, which he said is a violation of the Code of Conduct. 

“I’ve taken down about 20 of these (posters in the RSC),” Mallard said. “I know the building managers have also taken down a lot of these.”

Mallard said that he spoke to SGA to raise awareness due to students feeling unsafe about smoking in dorms.

“And now we are promoting it in The Sunflower that everyone sees,” Mallard said. “And I sincerely hope that we do not have an uptick of students who are starting to smoke more and do all this because it seems like it’s allowed. It’s not.”

Mallard said he is “disappointed” that The Sunflower can “just do whatever they want.”

“I brought it up with The Sunflower, and they literally told me because SGA isn’t giving them enough money, that (the newspaper has) to do this.”

Mallard previously emailed The Sunflower about the smoke shop advertisements on Oct. 18. In response to Mallard’s email, Mia Hennen, The Sunflower’s editor in chief, said it’s important to understand that The Sunflower must sell ads to pay staff members.

“In fact, as our expenses have risen over the last few years, we have asked for an increase in student fee allocations,” Hennen said in an email to Mallard on Oct. 19. “We were denied, which means we need those advertisement dollars more than ever.”

Hennen also said that the smoke shop contacted The Sunflower through an ad agency, meaning The Sunflower did not and is not currently seeking out advertisements from smoke shops or similar businesses.

Hennen encouraged Mallard to write a letter to the editor if interested.

Information on SGA’s rules and regulations on the student press and freedom of student communications can be found in Article III, Section 4.