In Rosenberger v. Rector & Visitors of the University of Virginia, and Board of Regents of University Wisconsin System v. Southworth, the Supreme Court explained that public universities requiring students to pay student activity fees must ensure that those fees are distributed in a viewpoint-neutral manner. In other words, the university cannot consider a student organization’s mission, goals, or views when allocating the student activity fee funds.
But all too often, universities ignore this constitutional command. Take, for example, the Student Government Board (SGB) at the University of Pittsburgh. The SGB initially denied Students For Life’s request for $1,515 to attend the National Students for Life Conference and the March for Life in Washington D.C. on the grounds that the group was “proselytizing” for its cause. The SGB President’s reasoning was telling:
“The fundamental purpose of this group is to promote an opinion, traditionally that of a religious perspective. Therefore I would disagree with the fundamental existence of the group, and so therefore, it was my opinion that this group is going to proselytize as a lobbying organization.”
Really? And other groups on campus don’t “promote an opinion?” At Pitt, there are thirty-two “Political & Advocacy” student organizations—not including religious groups—that promote a wide array of causes and beliefs and are eligible to receive student activity fee funding. Even the student abortion advocacy group, Campus Women’s Organization, is eligible to receive student activity funds.
The SGB ultimately reversed course after its discriminatory decision was publicized by the student newspaper. But this situation highlights the double-standard that public universities regularly apply to pro-life and religious speech. Indeed, even a Pitt campus activist who opposes SFL’s message recognized this:
I am disturbed by [the President’s] comment that “[…] I would disagree with the fundamental existence of the group”. On first glance, [the President] seems to be saying that he disagrees with the right to free exercise of religion, which seems unamerican to me. More to the point, his support of a denial of funds to this group appears to be censorious. His words, as included in this article, betray a disturbing lack of faith in democracy.
As a woman who volunteers as an escort for Pittsburgh’s Planned Parenthood (where pro-life students regularly protest) I believe all people have a right to voice their opinions publicly, whether this expression is termed “protesting”, “lobbying”, or “proselytizing”. . . .
I take it as an article of faith in the democratic process that all people may enter into the sloppy, messy conversation that is American politics. I believe that it is only through passionate conversation we as a nation can reach a better future. Censorship has no role to play in our democracy, even censorship cloaked as political correctness.
[The President] does pro-choice students no favors by denying pro-life students their voice. By hobbling Student’s for Life’s expression, [The President] is implying that pro-choice students are so ill-equiped to make their case that the Student Government Board must silence their opposition for them, rather than allow the two communities to debate freely.
This conference is a professional development opportunity, an opportunity for Students for Life to make its case heard in our nation’s capital, and a trip which has historically been supported by the Student Government Board. It is a show of bad faith that this group has been denied travel funds, and speaks against the Student Government Board’s commitment to democratic debate.
This student eloquently explains the proper, constitutional role public universities must take with respect to student activity fees, and student expression in general. It’s time university officials started listening.