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Supreme Court hears case against student activities fees

The U.S. Supreme Court heard a case yesterday that may have a large impact on how student organizations at the University receive funding.

Board of Regents of the University of Wisconsin v. Southworth is a suit brought by former University of Wisconsin students who are opposed to the use of student activity fees to support various political and cultural groups.

In yesterday's hearing, lawyers for both sides presented the standard half-hour arguments, during which the justices interrupted with questions.

University of Wisconsin spokesperson Erik Christianson said he felt the justices did not favor one particular side during the proceedings.

"I don't think they necessarily tipped in favor of either the plaintiff or defendant," Christianson said.

"The justices asked questions on both sides," he said.

The case hinges on the First Amendment issue of compelled speech.

David M. O'Brien, government and foreign affairs professor, said compelled speech is an important factor in the Wisconsin case because students are required to pay an activities fee.

"By requiring students to pay fees" and then giving the money to publications or other organizations, "you've compelled the student to support that speech," O'Brien said.

He said many of the problems addressed in the Wisconsin case arise from the Supreme Court's 1995 decision Rosenberger v. Rector and Visitors of the University of Virginia. In that case, the Court ruled the University was obligated to fund all student groups, regardless of religious or political purpose. After that decision, the University implemented a program to enable students to reclaim $10 of their Student Activity Fee money.

Student Activities Business Manager C. William Hancher said 105 students exercised this option last year.

Hancher said any change in the policy in the wake of a Supreme Court decision would have to be made by the University's legal advisers.

Jamey Thompson, Student Council vice president for organizations, said the Supreme Court could "go in any number of directions" on the issue and the effect on the University could vary.

Thompson said the Court could either "wipe the whole [system] out ... or have no impact" on the University's use of SAF funds.

He said the University's procedures vary from Wisconsin's in two ways - Wisconsin does not have a program for students to get funds back, and student groups at Wisconsin are allowed to donate their appropriated money to political organizations. Student organizations at the University are not allowed to donate SAF funds to outside organizations.

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