Venue: |
SCOTUS
|
|
Facts: |
Segregated fees are disbursed by SGA and also by referendum to various
organizations. |
|
Posture: |
District court and Ct App invalidate the program as a violation of 1A. |
|
Issue: |
Does this violate free speech, free association, and free exercise? |
|
Holding: |
Not necessarily. Remanded. |
|
Rule: |
A university can collect fees to fund extracurricular activities if
the program is viewpoint-neutral. The referendum policy is
not that, though. |
|
Reasoning: |
The university is free to determine that students would benefit
in dynamic discussions of all sorts of issues, and it
can impose a fee to make that happen. It just can't prefer
some viewpoints to others. |
|
Dicta: |
|
|