R039-9900
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