Board of Regents of the University of Wisconsin System v. Southworth

529 U.S. 217, 120 S. Ct. 1346, 146 L. Ed. 2d 193, 13 Fla. L. Weekly Fed. S 197, 2000 Daily Journal DAR 3049, 2000 Cal. Daily Op. Serv. 2265, 68 U.S.L.W. 4220, 2000 Colo. J. C.A.R. 1471, 2000 U.S. LEXIS 2196
CourtSupreme Court of the United States
DecidedMarch 22, 2000
Docket98-1189
StatusPublished
Cited by303 cases

This text of 529 U.S. 217 (Board of Regents of the University of Wisconsin System v. Southworth) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Regents of the University of Wisconsin System v. Southworth, 529 U.S. 217, 120 S. Ct. 1346, 146 L. Ed. 2d 193, 13 Fla. L. Weekly Fed. S 197, 2000 Daily Journal DAR 3049, 2000 Cal. Daily Op. Serv. 2265, 68 U.S.L.W. 4220, 2000 Colo. J. C.A.R. 1471, 2000 U.S. LEXIS 2196 (2000).

Opinions

[220]*220Justice Kennedy

delivered the opinion of the Court.

For the second time in recent years we consider constitutional questions arising from a program designed to facilitate [221]*221extracurricular student speech at a public university. Respondents are a group of students at the University of Wisconsin (hereinafter University). They brought a First Amendment challenge to a mandatory student activity fee imposed by petitioner Board of Regents of the University of Wisconsin System and used in part by the University to support student organizations engaging in political or ideological speech. Respondents object to the speech and expression of some of the student organizations. Relying upon our precedents which protect members of unions and bar associations from being required to pay fees used for speech the members find objectionable, both the District Court and the Court of Appeals invalidated the University’s student fee program. The University contends that its mandatory student activity fee and the speech which it supports are appropriate to further its educational mission.

We reverse. The First Amendment permits a public university to charge its students an activity fee used to fund a program to facilitate extracurricular student speech if the program is viewpoint neutral. We do not sustain, however, the student referendum mechanism of the University’s program, which appears to permit the exaction of fees in violation of the viewpoint neutrality principle. As to that aspect of the program, we remand for further proceedings.

I

of Wisconsin is a public corporation of the State of Wisconsin. See Wis. Stat. §36.07(1) (1993-1994). State law defines the University's mission in broad terms: “to develop human resources, to discover and disseminate knowledge, to extend knowledge and its application beyond the boundaries of its campuses and to serve and stimulate society by developing in students heightened intellectual, cultural and humane sensitivities ... and a sense of purpose.” [222]*222§ 36.01(2). Some 30,000 undergraduate students and 10,000 graduate and professional students attend the University’s Madison campus, ranking it among the Nation’s largest institutions of higher learning. Students come to the renowned University from all 50 States and from 72 foreign countries. Last year marked its 150th anniversary; and to celebrate its distinguished history, the University sponsored a series of research initiatives, campus forums and workshops, historical exhibits, and public lectures, all reaffirming its commitment to explore the universe of knowledge and ideas.

The responsibility for governing the University of Wisconsin System is vested by law with the board of regents. § 36.09(1). The same law empowers the students to share in aspects of the University’s governance. One of those functions is to administer the student activities fee program. By statute the “[s]tudents in consultation with the chancellor and subject to the final confirmation of the board [of regents] shall have the responsibility for the disposition of those student fees which constitute substantial support for campus student activities.” §36.09(5). The students do so, in large measure, through their student government, called the Associated Students of Madison (ASM), and various ASM subcommittees. The program the University maintains to support the extracurricular activities undertaken by many of its student organizations is the subject of the present controversy.

It seems that since its founding the University has required full-time students enrolled at its Madison campus to pay a nonrefundable activity fee. App. 154. For the 1995— 1996 academic year, when this suit was commenced, the activity fee amounted to $331.50 per year. The fee is segregated from the University’s tuition charge. Once collected, the activity fees are deposited by the University into the accounts of the State of Wisconsin. Id., at 9. The fees are drawn upon by the University to support various campus services and extracurricular student activities. In the Uni[223]*223versity’s view, the activity fees “enhance the educational experience” of its students by “promoting] extracurricular activities,” “stimulating advocacy and debate on diverse points of view,” enabling “participation] in political activity,” “promoting] student participation] in campus administrative activity,” and providing “opportunities to develop social skills,” all consistent with the University’s mission. Id., at 154-155.

The board of regents classifies the segregated fee into allo-cable and nonallocable portions. The nonallocable portion approximates 80% of the total fee and covers expenses such as student health services, intramural sports, debt service, and the upkeep and operations of the student union facilities. Id., at 13. Respondents did not challenge the purposes to which the University commits the nonallocable portion of the segregated fee. Id., at 37.

The allocable portion of the fee supports extracurricular endeavors pursued by the University’s registered student organizations or RSO’s. To qualify for RSO status students must organize as a not-for-profit group, limit membership primarily to students, and agree to undertake activities related to student life on campus. Id., at 15. During the 1995-1996 school year, 628 groups had RSO status on the Madison campus. Id., at 255. To name but a few, RSO’s included the Future Financial Gurus of America; the International Socialist Organization; the College Democrats; the College Republicans; and the American Civil Liberties Union Campus Chapter. As one would expect, the expressive activities undertaken by RSO’s are diverse in range and content, from displaying posters and circulating newsletters throughout the campus, to hosting campus debates and guest speakers, and to what can best be described as political lobbying.

RSO’s may obtain a portion of the allocable fees in one of three ways. Most do so by seeking funding from the Student Government Activity Fund (SGAF), administered [224]*224by the ASM. SGAF moneys may be issued to support an RSO’s operations and events, as well as travel expenses “central to the purpose of the organization.” Id., at 18. As an alternative, an RSO can apply for funding from the General Student Services Fund (GSSF), administered through the ASM’s finance committee. During the 1995-1996 academic year, 15 RSO’s received GSSF funding. These RSO’s included a campus tutoring center, the student radio station, a student environmental group, a gay and bisexual student center, a community legal office, an AIDS support network, a campus women’s center, and the Wisconsin Student Public Interest Research Group (WISPIRG). Id., at 16-17. The University acknowledges that, in addition to providing campus services (e. g., tutoring and counseling), the GSSF-funded RSO’s engage in political and ideological expression. Brief for Petitioner 10.

The GSSF, as well as the SGAF, consists of moneys originating in the allocable portion of the mandatory fee. The parties have stipulated that, with respect to SGAF and GSSF funding, “[t]he process for reviewing and approving allocations for funding is administered in a viewpoint-neutral fashion,” id., at 14-15, and that the University does not use the fee program for “advocating a particular point of view.” Id., at 39.

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529 U.S. 217, 120 S. Ct. 1346, 146 L. Ed. 2d 193, 13 Fla. L. Weekly Fed. S 197, 2000 Daily Journal DAR 3049, 2000 Cal. Daily Op. Serv. 2265, 68 U.S.L.W. 4220, 2000 Colo. J. C.A.R. 1471, 2000 U.S. LEXIS 2196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-regents-of-the-university-of-wisconsin-system-v-southworth-scotus-2000.