Mandatory Student Fees?

Case Type:

 Actual

Exigence:

 The University of Wisconsin-Madison requires its 40,000 students to pay an activities fee of about 10% of the cost of in-state tuition ($165.75 in '95/'96). Part of the proceeds of this fee is allocated by the Board of Regents (to things like the student health service and intramural sports). Part is allocated by the student government, Associated Students of Madison ("ASM"). Through complex approval procedures, some of this allocable portion is used to fund events on campus, the student newspaper, lecture series and so on; some is distributed directly to registered student groups (about $160,000 in '95/'96).

In 1996, five students filed suit, alleging that their First Amendment right NOT to associate was being violated, in that their mandatory fees were being used to subsidize organizations engaging in political and ideological activities that they disagreed with. The offensive organizations included WISPIRG (the Wisconsin Public Interest Research Group); the Lesbian, Gay, Bisexual Campus Center; the Campus Women's Center; the UW Greens; Community Action on Latin America; La Colectiva Cultural de Aztlan; the Militant Student Union of the University of Wisconsin; the Student Labor Action Coalition; Student Solidarity; and the Students of National Organization for Women. The district court held that the University had to establish a mechanism for returning fees to objecting students, and the appellate court agreed. The case is now before the Supreme Court.

Audience:

 The Supreme Court; you, the general public.

Possible
Constraints:

 The Seventh Circuit decision.

Briefs in the case.

Reporting on the case:

Precedents, possibly relevant:
  • Abood v. Detroit Bd. of Ed. (1977) (union dues for political activities) S&C 541
  • Rosenberger v. University of Virginia (1995) (university funding of student religious gorups) S&C 661


Decision:

 Open.

Related
issues:

 Universities
Money

Notes:

 None.

For help
with these categories.

 Copyright © 1998 Jean Goodwin. All rights reserved.
jeangoodwin@nwu.edu
Last updated 21 February 2000
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