 |
Gay Student Group's Funding Unanimous Decision Hailed as a Ringing Victory for Free Speech Vindicates University of Wisconsin Student Activities Fees System |
|
Compiled By GayToday
Self-described conservative students backed by the right-wing legal group, Northstar Legal Center, had challenged the University of Wisconsin's fee system, saying it violated their First Amendment free speech rights by requiring them to help finance organizations whose views they oppose, such as the Lesbian, Gay, Bisexual and Transgender Center. They insisted on refunds of a part of their fees rather than allow the University to allocate funds to supporters of women's and gay civil rights. In a unanimous ruling authored by Justice Anthony M. Kennedy, the court recognized that the fee requirement does not amount to "compelled speech," but rather is a key element of the "important and substantial purposes of the university, which seeks to facilitate a wide range of speech."
Harlow, along with Lambda Supervising Attorney Patricia M. Logue, co-authored Lambda's friend-of-the court brief on behalf of itself as well as the University of Wisconsin's Lesbian, Gay, Bisexual and Transgender Campus Center, and a number of other student groups whose funding was jeopardized by the case. Over 50 student groups from across the country, including the National Consortium of Directors of Lesbian, Gay, Bisexual, and Transgender Resources in Higher Education, were also represented by Lambda. The American Civil Liberties Union (ACLU) Matthew Coles participated in the case along with the ACLU of Wisconsin. There was also substantial input and assistance from ACLU cooperating attorney Jon Furlow of the Wisconsin law firm Michael Best & Friedrich. "This case was not so much about student fees as it was about the free exchange of ideas," said Peter Koneazny, Legal Director of the ACLU of Wisconsin. Matthew Coles, Director of the ACLU's Lesbian and Gay Rights Project, agreed: "If the university had lost this case, the ability to form student groups and have robust debate on campus would have been subject to majority whim," he said. "Today's ruling is a significant victory for universities nationwide, for minorities and - most of all - for our nation's time-honored commitment to the idea that free speech has to mean freedom of unpopular speech." Coles said the ruling also dealt a blow to organized efforts nationwide to silence lesbian, gay, bisexual and transgendered student groups. In recent years, right-wing organizations have mobilized nationwide to strip such groups of their university funding. Today's ruling "stops these cynical attempts at censorship in their tracks," Coles said. (University of Wisconsin v. Southworth, No. 98-1189) |
