Oregon (1999)
The 9th
Circuit Court of Appeals has added yet another strong precedent in support of
campus speech. The court's opinion in Hollingsworth v Lane Community College,
issued on March 24th, upholds a 1997 District Court ruling that supports the
marketplace of ideas created by student fees.
The case
arose in 1995 when three students at Lane Community College challenged the use
of student activity fees for programs they found politically and ideologically
objectionable. The plaintiffs were represented by the conservative Pacific
Legal Foundation.
In its
ruling, the 9th Circuit rejected those claims and placed a special emphasis
on the role that universities play in promoting civic participation. "Lane
Community College can articulate substantial governmental interests supporting
the mandatory fee scheme: promoting extracurricular activities, teaching specific
skills and instilling civic activism, and creating a forum for vigorous debate
and free exchange of ideas."
The decision
in the case mirrors that in the Rounds v University of Oregon case.
That ruling was announced on February 23, 1999 and held that the mandatory student
fee system at the University of Oregon was constitutional.
Both rulings
send a positive message to campuses across the country and will be an important
component of the debate as a similar University of Wisconsin case is argued
before the U.S. Supreme Court in the fall.
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