Cite as: 529 U. S. 217 (2000)
Syllabus
dents to pay a fee which creates the mechanism for the extracurricular speech in the first instance. The University may sustain the extracurricular dimensions of its programs by using mandatory student fees with viewpoint neutrality as the operational principle. There is symmetry then in the holding here and in Rosenberger. Pp. 229-234.
2. Because the parties have stipulated that the University's program respects the principle of viewpoint neutrality, the program in its basic structure must be found consistent with the First Amendment. This decision makes no distinction between campus and off-campus activities; and it ought not be taken to imply that when the University, its agents, employees, or faculty speak, they are subject to the First Amendment analysis which controls in this case. Pp. 234-235.
3. While not well developed on the present record, the referendum aspect of the University's program appears to permit RSO funding or defunding by majority vote of the student body. To the extent the referendum substitutes majority determinations for viewpoint neutrality it would undermine the constitutional protection the program requires. Pp. 235-236.
151 F. 3d 717, reversed and remanded.
Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, Thomas, and Ginsburg, JJ., joined. Souter, J., filed an opinion concurring in the judgment, in which Stevens and Breyer, JJ., joined, post, p. 236.
Susan K. Ullman, Assistant Attorney General of Wisconsin, argued the cause for petitioner. With her on the briefs were James E. Doyle, Attorney General, and Peter C. Anderson, Assistant Attorney General.
Jordan W. Lorence argued the cause for respondents. With him on the brief was Daniel Kelly.*
*Briefs of amici curiae urging reversal were filed for the State of New York et al. by Eliot Spitzer, Attorney General of New York, Preeta D. Bansal, Solicitor General, Peter H. Schiff, Deputy Solicitor General, Laura Etlinger, Assistant Attorney General, and Mark B. Rotenberg, and by the Attorneys General for their respective States as follows: Mark Pryor of Arkansas, Ken Salazar of Colorado, Thurbert E. Baker of Georgia, Thomas R. Keller of Hawaii, Thomas J. Miller of Iowa, Richard P. Ieyoub of Louisiana, J. Joseph Curran, Jr., of Maryland, Thomas F. Reilly of Massachusetts, Mike Hatch of Minnesota, Joseph P. Mazurek of Montana, Michael F. Easley of North Carolina, Betty D. Montgomery of Ohio, and Paul G. Summers of Tennessee; for the State of Oregon by Hardy
219
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007