Rosenberger v. Rector & Visitors of University of Virginia

132 L. Ed. 2d 700, 9 Fla. L. Weekly Fed. S 272, 115 S. Ct. 2510, 515 U.S. 819, 95 Cal. Daily Op. Serv. 5005, 1995 U.S. LEXIS 4461, 95 Daily Journal DAR 8512, 63 U.S.L.W. 4702
CourtSupreme Court of the United States
DecidedJune 29, 1995
Docket94-329
StatusPublished
Cited by1,798 cases

This text of 132 L. Ed. 2d 700 (Rosenberger v. Rector & Visitors of University of Virginia) 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
Rosenberger v. Rector & Visitors of University of Virginia, 132 L. Ed. 2d 700, 9 Fla. L. Weekly Fed. S 272, 115 S. Ct. 2510, 515 U.S. 819, 95 Cal. Daily Op. Serv. 5005, 1995 U.S. LEXIS 4461, 95 Daily Journal DAR 8512, 63 U.S.L.W. 4702 (U.S. 1995).

Opinions

Justice Kennedy

delivered the opinion of the Court.

The University of Virginia, an instrumentality of the Commonwealth for which it is named and thus bound by the First and Fourteenth Amendments, authorizes the payment of outside contractors for the printing costs of a variety of student publications. It withheld any authorization for payments on behalf of petitioners for the sole reason that their student [823]*823paper “primarily promotes or manifests a particular belie[f] in or about a deity or an ultimate reality.” That the paper did promote or manifest views within the defined exclusion seems plain enough. The challenge is to the University’s regulation and its denial of authorization, the case raising issues under the Speech and Establishment Clauses of the First Amendment.

i — I

The public corporation we refer to as the “University” is denominated by state law as “the Rector and Visitors of the University of Virginia,” Va. Code Ann. § 23-69 (1993), and it is responsible for governing the school, see §§23-69 to 23-80. Founded by Thomas Jefferson in 1819, and ranked by him, together with the authorship of the Declaration of Independence and of the Virginia Act for Religious Freedom, Va. Code Ann. § 57-1 (1950), as one of his proudest achievements, the University is among the Nation’s oldest and most respected seats of higher learning. It has more than 11,000 undergraduate students, and 6,000 graduate and professional students. An understanding of the case requires a somewhat detailed description of the program the University created to support extracurricular student activities on its campus.

Before a student group is eligible to submit bills from its outside contractors for payment by the fund described below, it must become a “Contracted Independent Organization” (CIO). CIO status is available to any group the majority of whose members are students, whose managing officers are full-time students, and that complies with certain procedural requirements. App. to Pet. for Cert. 2a. A CIO must file its constitution with the University; must pledge not to discriminate in its membership; and must include in dealings with third parties and in all written materials a disclaimer, stating that the CIO is independent of the University and that the University is not responsible for the CIO. App. 27-28. CIO’s enjoy access to University facilities, including meeting rooms and computer terminals. Id.. at 30. [824]*824A standard agreement signed between each CIO and the University provides that the benefits and opportunities afforded to CIO’s “should not be misinterpreted as meaning that those organizations are part of or controlled by the University, that the University is responsible for the organizations’ contracts or other acts or omissions, or that the University approves of the organizations’ goals or activities.” Id., at 26.

All CIO’s may exist and operate at the University, but some are also entitled to apply for funds from the Student Activities Fund (SAF). Established and governed by University Guidelines, the purpose of the SAF is to support a broad range of extracurricular student activities that “are related to the educational purpose of the University.” App. to Pet. for Cert. 61a. The SAF is based on the University’s “recognition] that the availability of a wide range of opportunities” for its students “tends to enhance the University environment.” App. 26. The Guidelines require that it be administered “in a manner consistent with the educational purpose of the University as well as with state and federal law.” App. to Pet. for Cert. 61a. The SAF receives its money from a mandatory fee of $14 per semester assessed to each full-time student. The Student Council, elected by the students, has the initial authority to disburse the funds, but its actions are subject to review by a faculty body chaired by a designee of the Vice President for Student Affairs. Cf. id., at 63a-64a.

Some, but not all, CIO’s may submit disbursement requests to the SAF. The Guidelines recognize 11 categories of student groups that may seek payment to third-party contractors because they “are related to the educational purpose of the University of Virginia.” Id., at 61a~62a. One of these is “student news, information, opinion, entertainment, or academic communications media groups.” Id., at 61a. The Guidelines also specify, however, that the costs of certain activities of CIO’s that are otherwise eligible for funding [825]*825will not be reimbursed by the SAF. The student activities that are excluded from SAF support are religious activities, philanthropic contributions and activities, political activities, activities that would jeopardize the University’s tax-exempt status, those which involve payment of honoraria or similar fees, or social entertainment or related expenses. Id., at 62a-63a. The prohibition on “political activities” is defined so that it is limited to electioneering and lobbying. The Guidelines provide that “[t]hese restrictions on funding political activities are not intended to preclude funding of any otherwise eligible student organization which . . . espouses particular positions or ideological viewpoints, including those that may be unpopular or are not generally accepted.” Id., at 65a-66a. A “religious activity,” by contrast, is defined as any activity that “primarily promotes or manifests a particular belie[f] in or about a deity or an ultimate reality.” Id., at 66a.

The Guidelines prescribe these criteria for determining the amounts of third-party disbursements that will be allowed on behalf of each eligible student organization: the size of the group, its financial self-sufficiency, and the University-wide benefit of its activities. If an organization seeks SAF support, it must submit its bills to the Student Council, which pays the organization’s creditors upon determining that the expenses are appropriate. No direct payments are made to the student groups. During the 1990-1991 academic year, 343 student groups qualified as CIO’s. One hundred thirty-five of them applied for support from the SAF, and 118 received funding. Fifteen of the groups were funded as “student news, information, opinion, entertainment, or academic communications media groups.”

Petitioners’ organization, Wide Awake Productions (WAP), qualified as a CIO. Formed by petitioner Ronald Rosen-berger and other undergraduates in 1990, WAP was established “[t]o publish a magazine of philosophical and religious expression,” “[t]o facilitate discussion which fosters an at[826]*826mosphere of sensitivity to and tolerance of Christian viewpoints,” and “[t]o provide a unifying focus for Christians of multicultural backgrounds.” App. 67. WAP publishes Wide Awake: A Christian Perspective at the University of Virginia. The paper’s Christian viewpoint was evident from the first issue, in which its editors wrote that the journal “offers a Christian perspective on both personal and community issues, especially those relevant to college students at the University of Virginia.” App. 45. The editors committed the paper to a two-fold mission: “to challenge Christians to live, in word and deed, according to the faith they proclaim and to encourage students to consider what a personal relationship with Jesus Christ means.” Ibid. The first issue had articles about racism, crisis pregnancy, stress, prayer, C. S. Lewis’ ideas about evil and free will, and reviews of religious music.

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132 L. Ed. 2d 700, 9 Fla. L. Weekly Fed. S 272, 115 S. Ct. 2510, 515 U.S. 819, 95 Cal. Daily Op. Serv. 5005, 1995 U.S. LEXIS 4461, 95 Daily Journal DAR 8512, 63 U.S.L.W. 4702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenberger-v-rector-visitors-of-university-of-virginia-scotus-1995.