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U.S. Supreme Court to review constitutionality of activity fees

In a case that could have far-reaching implications at the University and across the country, the U.S. Supreme Court will review today the funding sources of student organizations on college campuses.

The Board of Regents of the University of Wisconsin V. Southworth questions the constitutionality of using mandatory student activities fees -- paid by students of public universities -- to fund student organizations, regardless of where the students want their money to be used. If the decision is written broadly enough, the outcome could disrupt student activities fee funding at public colleges and universities nationwide.

Scott Southworth, Amy Schoepke and Keith Bannach, former Wisconsin law students, sued the university in 1996 to stop its use of mandatory student activities fees for funding political and ideological campus groups. They argued that they should not have to pay for groups that they did not support.

University of Wisconsin-Madison officials are awaiting the Court's ruling before taking any action of their own, University of Wisconsin-Madison spokesperson Erik Christianson said.

If the court decides against the university, Christianson said there are alternative methods to the current system, such as a check-off option, in which students would select which organizations their money would fund.

The University of Virginia now offers students an opt-out option that lets students receive a $10 rebate off the current $39 SAF fee if they object to where their money goes, said John Finley, Student Council chief financial officer. The University of Wisconsin-Madison policy does not offer students such a choice.

The University changed its SAF policy after the Supreme Court's decision in Rosenberger v. Rector and Visitors of the University of Virginia in 1995. The Court ruled that University students could not opt out of funding the Christian publication Wide Awake with their student activities fees.

Student Activities Business Manager C. William Hancher said without funds from the University's current student activities fee, many organizations could disappear.

Student Council officials said club sports, cultural organizations and student publications depend the most on the SAF; Such groups would be hit the hardest from any funding decrease.

A change in SAF allocation could lead to a "survival of the fittest" situation, said Jamey Thompson, Student Council vice president for organizations.

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