Calabria rejects legislation

Student Body President Matt Calabria vetoed Wednesday a Student Congress bill that defines negative campaigning in the Student Code, marking the first use of the privilege in more than a year.

Calabria based his decision on the legislation's failure to give the Board of Elections the power to penalize negative campaigning, according to a rationale released Tuesday night to top student government officials.

"The bill as it currently stands fails to meet this goal," Calabria stated in his rationale. "It attempts to adjust free speech rather than to arm the Board of Elections with the ability to correct clear wrongs in an expedient manner."

The bill, which Congress approved Oct. 12 in a contentious 13-5 vote, defines negative campaigning as slanderous and libelous expression.

It states that "no candidate or campaign worker shall be allowed to make an unsubstantiated, subjective and defamatory remark about another candidate or campaign worker. Personal attacks do not include critical analysis of another campaign or worker."

In his rationale, Calabria explained that this requirement was too subjective. "The use of the word 'and' means that an actor must violate all three. This is nearly impossible to prove."

He also took issue with the wording of the legislation.

"If certain speech is subjective, it may also be warranted in ways that do not meet the rigor of objective truth, meaning that a violator could justify a statement with any reason," he stated. "Also, the term 'defamatory' is undefined, allowing the Board of Elections far too much leeway to determine what is defamatory."

Calabria expressed concern that such vague terms would lead to problems during the campaign season.

"With little legal clarity to rely on, a board might unnecessarily buckle, acting too quickly to fine an innocent campaign," he stated. "Unclear about what is legal, candidates and campaigners will experience a chilling effect on their speech."

The bill now is sent back to Congress, where representatives can either vote on the bill again or make revisions.

A two-thirds majority is required to overturn Calabria's veto.

Luke Farley, chairman of the committee that initially passed the bill to Congress, said he anticipates that Congress members will revise the bill.

In his rationale, Calabria stated that he would support legislation that allows the elections board "to financially penalize a campaign that uses slanderous or libelous expression against an opponent or opponents."

Farley, one of five representatives who voted against the negative campaigning bill, said he supported Calabria's veto.

"I do feel a bit validated because most of his arguments against the legislation ... they're the same things that we said," he explained.

Rep. Parker Wiseman, who also voted against the bill, said he is opposed to any bill that would allow the elections board to limit free speech, slanderous or not.

"As long as you're trying to define negative campaigning, there's no way I personally would have ever supported that," Wiseman said. "I'm not defending people's rights to say whatever they want to in a campaign environment. What I'm defending, I guess, is the right of the electoral to define that and not a committee."

Calabria recommended Wednesday that Congress members be wary of limiting free speech when drafting legislation that defines negative campaigning.

"I hope that we can hammer out a bill that can more clearly outline the proper models of conduct in student body campaigns," he said.

Former Student Body President Jen Daum was the last to invoke the veto privilege. Her rejection of funding allocations to the Independent Defense Council in February 2003 was highly contested and later reversed by Congress.

Speaker Charlie Anderson, who abstained from last week's vote, said a veto hasn't been necessary since Daum's administration because no contentious issues have been addressed since then.

But February's student body president election fiasco has inspired student leaders to address more controversial issues this year.

"This is something you could expect to see more this year, with all the issues we're tackling," Anderson said.

Contact the University Editor at udesk@unc.edu.