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Washington Briefs

by Black Issues , November 25, 1999

High Court Hears Controversial Fees Case

WASHINGTON — The U.S. Supreme Court earlier this month heard arguments in a case that may have major implications for campus-based organizations that represent students of color.
The case focuses on the University of Wisconsin and its policy of collecting mandatory fees from students — money the university ultimately uses to support an array of student organizations. Critics of the policy, primarily Christian conservatives, say the policy violates the First Amendment by requiring students to provide financial support to organizations whose views they oppose.
Plaintiffs in the case have objected to the university's policy of using student fees to support, among others, a gay student organization; a campus women's center; the Wisconsin Public Interest Research Group, a liberal organization; and the United States Student Association, which supports student interests in Washington, D.C.
The case also could have implications for minority student organizations that rely on revenue from the fees to support a voice for students of color in higher education.
In its arguments before the court, the University of Wisconsin maintained that fees actually support the First Amendment by ensuring that students may select from among a variety of organizations for extracurricular activities. The questioning from judges focused not only on the fees themselves but also on the distribution pattern the university uses when awarding funds.
College and university officials are closely watching the case, since officials argue that many fee systems, particularly at public colleges, largely follow Wisconsin's model.
The university has said it collected more than $15 million in student fees for the current school year, largely through per-student contributions of about $400. Fee critics also are monitoring the case closely, and courts in other regions have delayed consideration of their cases pending the Wisconsin outcome.


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