Justices OK student fees systems

David Roepke

The University of Wisconsin, along with other public colleges and universities, can constitutionally allot money from mandatory student fees to all student groups, including those which some students might find objectionable, according to a ruling Wednesday by the U.S. Supreme Court.

The Supreme Court released a unanimous decision in the case Board of Regents of the University of Wisconsin System vs. Southworth upholding the University of Wisconsin’s student fees system, which some Wisconsin law students asserted violated their First Amendment rights.

The 9-0 decision overturned a 1998 ruling by a three-judge panel of the Seventh Circuit U.S. Court of Appeals, which said the system was unconstitutional because it financed controversial religious and political student groups.

“The First Amendment permits a public university to charge its students an activity fee used to fund a program to facilitate extracurricular student speech if the program is viewpoint neutral,” Justice Anthony M. Kennedy wrote.

ISU Vice President for Business and Finance Warren Madden said the university was pleased by the decision.

“We have felt that the fee system we use at Iowa State is a good process,” said Madden, chairman of the Special Fees Committee. “It’s a good decision from our point of view.”

Iowa State has a student fee system similar to that of Wisconsin’s, which charges students a mandatory activity fee and doles that money out to various groups, including the Government of the Student Body. GSB in turn uses the money to finance student groups, some of which might have lost funding had the Appeals Court’s decision not been overturned.

Because the decision had direct implications on ISU’s student fee system, the Special Fees Committee, which is made up of administrators, faculty and students, followed the case closely. Paul Tanaka, director of University Legal Services, said he was glad the committee took a wait-and-see attitude toward the ruling.

“I think it was the right decision by the university not to take any preemptive steps,” he said. “We can all rest assured that we are doing the right thing.”

Tanaka said he did not expect Iowa State’s student fees system to change any because of the ruling, unless the court’s decision included any hidden “zingers.”

“I haven’t gone over the whole decision, but I do not expect change will be necessary because of this case,” he said.

Jeremy Williams, GSB finance director, said he was also pleased with the ruling because upholding the previous decision probably would have prompted a major overhaul of Iowa State’s student-fees system.

“A few years ago, we talked about changing our fee process to be in more line with the court case,” he said. “I’m glad we waited because now we’re fine.”

GSB President Matt Craft said the decision was a victory for student governments nationwide because it could have seriously affected which student groups GSB could finance.

“A lot of groups that could have had their funding affected probably are pretty relieved,” Craft said. “Typically, the at-risk groups would have been ones that are not always socially and politically accepted.”

Craft said religious and political groups, as well as gay and lesbian support organizations, might have seen decreases or elimination of their funding if the original ruling had been upheld.

Michel Pogge, off-campus senator, said the decision marked “a great day for student government.”

“I think there will be a lot of freedom for student groups now that previously might have been in jeopardy,” Pogge said. “Student activities is a forum, and all students should have an opportunity to take part in that forum.”

Pogge said it was especially comforting to see the Supreme Court rule unanimously in favor of supporting the current structure of the student fee system because those watching the case were worried about the outcome.

“I think a lot of people felt a lot of pressure that it might go the other way,” he said.