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10                         A RESOLUTION CONCERNING

20         	  THE PRESERVATION OF THE LEGAL COLLECTION

30                        OF MANDATORY STUDENT FEES



40	WHEREAS:		In the case of Board of Regents of the University of Wisconsin System v. 

50 			Southworth (Case #98-1189), the 7th Federal Circuit Court produced a ruling

60    			that outlawed the collection of mandatory student fees by declaring them

70   			unconstitutional; and,



80	WHEREAS:		On March 22, 2000 the United States Supreme Court released an opinion on 

90 			Case #98-1189 dissenting with the 7th Circuit opinion thereby reversing it; and,



100	WHEREAS:		In the opinion of the Justices, Justice Anthony M. Kennedy wrote "recognition

110			must be given "to the important and substantial purposes of the University, 

120 			which seeks to facilitate a wide range of speech;" and,



130	WHEREAS:		Mandatory student fees are used to fund a diverse selection of student activities, 

140			from student newspapers to debate societies to lectures and student health 

150			services presentations, granting opportunity for speech to the student population; 

160			and,



170	WHEREAS:		Case #98-1189 was filed against the University of Wisconsin Board of Regents 

180			in 1996 by three students who had political and ideological objections with some 

190			funded activities; and, 



200	WHEREAS:		The University Regents have vigorously defended the role that student fees play

210			in its educational mission and have argued that an individual student's objection 

220			to a program is outweighed by the greater good of providing a thriving 

230			marketplace of ideas where all voices can be heard; and,



240	WHEREAS:		Over 70% of campuses currently use mandatory student fees to support student 

250			activities and services; and,



260	WHEREAS:		Justice Kennedy went on to write that  "The University may determine that its

270			mission is well served if students have the means to engage in dynamic 

280			discussions of philosophical, religious, scientific, social, and political subjects in 

290			their extracurricular campus life outside the lecture hall. If the University 

300 			reaches this conclusion, it is entitled to impose a mandatory fee to sustain an 

310			open dialogue to these ends." And, "The case we decide here. . . does not raise 

320			the issue of the government's right, or, to be more specific, the state-controlled 

330			University's right, to use its own funds to advance a particular message. The 

340			University's whole justification for fostering the challenged expression is that it 

350			springs from the initiative of the students, who alone give it purpose and content 

360			in the course of their extracurricular endeavors;" and,



370	WHEREAS: 		Justice David H. Souter further supported Justice Kennedy's opinion when he 

380			wrote "Our understanding of academic freedom has included not merely liberty 

390			from restraints on thought, expression, and association in the academy, but also 

400			the idea that universities and schools should have the freedom to make decisions 

410			about how and what to teach." And, "...(T)he weakness of Southworth's claim 

420			is underscored by its setting within a university, whose students are inevitably 

430			required to support the expression of personally offensive viewpoints in ways 

440			that cannot be thought constitutionally objectionable unless one is prepared to 

450			deny the University its choice over what to teach. No one disputes that some 

460			fraction of students' tuition payments may be used for course offerings that are 

470			ideologically offensive to some students, and for paying professors who say 

480 			things in the university forum that are radically at odds with the politics of 

490			particular students... Since uses of tuition payments (not optional for anyone 

500			who wishes to stay in college) may fund offensive speech far more obviously 

510			than the student activity fee does, it is difficult to see how the activity fee could 

520			present a stronger argument for a refund;" and,



530 	WHEREAS:		The collection and distribution of mandatory fees allows for the propagation of

540   			scholarly and necessary discourse which in turn creates the atmosphere in which

550 			great minds may develop and shape their own opinions from the views and 

560			dissenting views to which they are subjected to; and,



570	WHEREAS:		The subjugation and stifling of this academic practice is of vast detriment to the 

580			paramount mission of institutions of academia which is the analysis and 

590			contrast of new ideas and the evolution and augmentation of popular opinion; 

600			and,



610	WHEREAS: 		"The Justices have clearly signaled that college is a place to teach students to 

620			embrace debate, not to opt out and sit on the sidelines," says Robin Hubbard, 

630			Organizer for the Center for Campus Free Speech; and,



640	WHEREAS:		Institutions of higher learning cannot allow their missions to be vanquished by a 

650			select minority opinion opposed to the conditions of open debate and scholarly 

660			discourse which must pervade both the classroom and campus community; and,



680	WHEREAS:		As such, it is a distinct responsibility of each institution to guarantee the ability 

690			of the student body to conduct such discourse regardless of the notoriety or 

700			popularity of any opinions inclusive or exclusive to a given school of thought



710	THEREFORE BE IT RESOLVED:	That the Maryland Student Legislature supports the decision 

720			of the Supreme Court of the United States, handed down on March 22, 2000 in 

730			the case of  the Board of Regents of the University of Wisconsin System v. 

740 			Southworth (Case #98-1189); and,



750	BE IT FURTHER RESOLVED: 	That the Maryland Student Legislature firmly stands behind 

760			the concept of free speech on College and University Campuses; and,



770	BE IT FURTHER RESOLVED: 	That the Maryland Student Legislature firmly supports the 

780			collection of mandatory student fees as a means to propagate free speech  and as 

790			a bulwark from institutional censorship as the monies collected are student 

800 			property and are subject to their governance.



810	MANDATES:		Justice David H. Souter, US Supreme Court

820 			Justice Anthony  M. Kennedy, US Supreme Court

830 			Dr. Donald N. Langenberg, Chancellor, University System of Maryland

840			Robin Hubbard, Center for Campus Free Speech

 

Primary Sponsor:

University of Maryland, Baltimore County Delegation of the

Maryland Student Legislature

C/o UMBC University Center Boxes

1000 Hilltop Circle

Baltimore, MD 21250

Mslumbc@email.com

www.msl.org/umbc



Secondary Sponsor:

Michael R.O. Berlin

Speaker of the Assembly

Former Governor

Former Attorney General

Delegate Chairperson, UMBC

Baltimore, MD 21250

Mberli1@gl.umbc.edu

www.gl.umbc.edu/~mberli1/msl