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2002-10-01

Appeals Court Upholds University of Wisconsin Funding System

Oct 1, 2002 - The United States Court of Appeals for the Seventh Circuit upheld the student fee allocation system at the University of Wisconsin. With this decision, the court overturned a lower court decision that the student fee allocation process at UW-Madison does not adhere to the standard of viewpoint-neutrality as articulated by a unanimous U.S. Supreme Court in Board of Regents of the University of Wisconsin System v. Southworth (2000).

In its landmark ruling in the first Southworth case, the U.S. Supreme Court affirmed the right of colleges and universities to fund student organizations through allocating mandatory student fees and cited the crucial role that these funds play in furthering the educational mission of colleges and universities by fostering a diverse marketplace of ideas among students. The Court determined that the allocation of student fees must simply follow a viewpoint-neutral process, allowing each student group an opportunity to apply for and receive funding regardless of the opinions or ideologies of its membership or activities.

This new ruling affirms the original Supreme Court decision and upholds the funding system administered by the Associated Students of Madison at the University of Wisconsin.

Click here to read the full text of the opinion.