The Rutgers 1000  is a group which
believes Rutgers places too much emphasis on intercollegiate
football and basketball. It wished to place an ad in The Rutgers
Magazine explaining its goals and soliciting support, and it
wanted to place it is the same issue which featured a story on
the University's new athletic director (who was hired on the
suggestion of Governor Whitman). The story, said Rutgers 1000,
was in itself political advocacy.

The Magazine refused the ad, since it excludes "advocacy
advertising." to be sure, publications may refuse advertising; as
long as other avenues of communication one's message exist,
freedom of expression issues are not involved. However, was this
the case in this instance? The ACLU of New Jersey sued, on the
grounds that exclusion of political advertising is
unconstitutional without compelling reasons. Another aspect of
the suit involves the fact that University officials refused the
group's request to rent the alumni mailing list so that the
Rutgers 1000 could send direct mail appeals to the campus
community. Therefore, they were prevented by university policy
from reaching the audience they need to state their case.