board regents university wisconsin system southworth et argued november decided march petitioner board regents university wisconsin system hereinafter university requires students university madison campus pay segregated activity fee fee supports various campus services extracurricular student activities university view fees enhance students educational experience promoting extracurricular activities stimulating advocacy debate diverse points view enabling participation campus administrative activity providing opportunities develop social skills consistent university broad educational mission registered student organizations rso engaging number diverse expressive activities eligible receive portion fees administered student government subject university approval parties stipulated process reviewing approving rso applications funding administered fashion rso may also obtain funding student referendum respondents present former madison campus students filed suit university alleging inter alia fee violates first amendment rights university must grant choice fund rso engage political ideological expression offensive personal beliefs granting respondents summary judgment federal district declared fee program invalid abood detroit bd keller state bar enjoined university using fees fund rso engaging political ideological speech agreeing district compelled speech precedents control seventh circuit concluded program germane university mission vital university policy imposed great burden respondents free speech rights added protecting rights heightened concern following rosenberger rector visitors univ university discriminate distributing funds students compelled fund organizations engaging political ideological speech extended district order enjoined university requiring students pay portion fee used fund rso engaged political ideological expression held first amendment permits public university charge students activity fee used fund program facilitate extracurricular student speech provided program viewpoint neutral university exacts fee issue sole purpose facilitating free open exchange ideas among students objecting students however may insist upon certain safeguards respect expressive activities required support public forum cases instructive close analogy complaining students must pay fees subsidize speech find objectionable even offensive rights acknowledged abood keller implicated cases held required service fee paid nonunion employees union abood supra fees paid lawyers required join state bar association keller supra used fund speech germane organizations purposes fund organizations political expression precedents identify protesting students interests germane speech standard unworkable context student speech university gives insufficient protection objecting students university program even union context encountered difficulties deciding germane standard becomes unmanageable public university setting particularly state undertakes stimulate whole universe speech ideas insist upon asking speech germane contrary goal university seeks pursue vast extent permitted expression also underscores high potential intrusion objecting students first amendment rights inevitable fees subsidize speech students find objectionable offensive university free protect rights allowing optional refund system system constitutional requirement university determines mission well served students means engage dynamic discussion broad range issues may impose mandatory fee sustain dialogue must provide protection students first amendment interests however proper measure principal standard protection objecting students requirement viewpoint neutrality allocation funding support obligation given substance rosenberger rector visitors univ supra concerned student right use extracurricular speech program already place instant case considers antecedent question whether public university may require students pay fee creates mechanism extracurricular speech first instance university may sustain extracurricular dimensions programs using mandatory student fees viewpoint neutrality operational principle symmetry holding rosenberger pp parties stipulated university program respects principle viewpoint neutrality program basic structure must found consistent first amendment decision makes distinction campus activities taken imply university agents employees faculty speak subject first amendment analysis controls case pp well developed present record referendum aspect university program appears permit rso funding defunding majority vote student body extent referendum substitutes majority determinations viewpoint neutrality undermine constitutional protection program requires pp reversed remanded kennedy delivered opinion rehnquist scalia thomas ginsburg joined souter filed opinion concurring judgment stevens breyer joined board regents university wisconsin system petitioner scott harold southworth et al writ certiorari appeals seventh circuit march justice kennedy delivered opinion second time recent years consider constitutional questions arising program designed facilitate extracurricular student speech public university respondents group students university wisconsin brought first amendment challenge mandatory student activity fee imposed petitioner board regents university wisconsin used part university support student organizations engaging political ideological speech respondents object speech expression student organizations relying upon precedents protect members unions bar associations required pay fees used speech members find objectionable district appeals invalidated university student fee program university contends mandatory student activity fee speech supports appropriate educational mission reverse first amendment permits public university charge students activity fee used fund program facilitate extracurricular student speech program viewpoint neutral sustain however student referendum mechanism university program appears permit exaction fees violation viewpoint neutrality principle aspect program remand proceedings university wisconsin public corporation state wisconsin see stat state law defines university mission broad terms develop human resources discover disseminate knowledge extend knowledge application beyond boundaries campuses serve stimulate society developing students heightened intellectual cultural humane sensitivities sense purpose undergraduate students graduate professional students attend university madison campus ranking among nation largest institutions higher learning students come renowned university foreign countries last year marked anniversary celebrate distinguished history university sponsored series research initiatives campus forums workshops historical exhibits public lectures reaffirming commitment explore universe knowledge ideas responsibility governing university wisconsin system vested law board regents law empowers students share aspects university governance one functions administer student activities fee program statute tudents consultation chancellor subject final confirmation board regents shall responsibility disposition student fees constitute substantial support campus student activities students large measure student government called associated students madison asm various asm subcommittees program university maintains support extracurricular activities undertaken many student organizations subject present controversy seems since founding university required students enrolled madison campus pay nonrefundable activity fee app academic year suit commenced activity fee amounted per year fee segregated university tuition charge collected activity fees deposited university accounts state wisconsin fees drawn upon university support various campus services extracurricular student activities university view activity fees enhance educational experience students promot ing extracurricular activities stimulating advocacy debate diverse points view enabling participa tion political activity promot ing student participa tion campus administrative activity providing opportunities develop social skills consistent university mission board regents classifies segregated fee allocable nonallocable portions nonallocable portion approximates total fee covers expenses student health services intramural sports debt service upkeep operations student union facilities respondents challenge purposes university commits nonallocable portion segregated fee allocable portion fee supports extracurricular endeavors pursued university registered student organizations rso qualify rso status students must organize group limit membership primarily students agree undertake activities related student life campus school year groups rso status madison campus name rso included future financial gurus america international socialist organization college democrats college republicans american civil liberties union campus chapter one expect expressive activities undertaken rso diverse range content displaying posters circulating newsletters throughout campus hosting campus debates guest speakers best described political lobbying rso may obtain portion allocable fees one three ways seeking funding student government activity fund sgaf administered asm sgaf moneys may issued support rso operations events well travel expenses central purpose organization alternative rso apply funding general student services fund gssf administered asm finance committee academic year rso received gssf funding rso included campus tutoring center student radio station student environmental group gay bisexual student center community legal office aids support network campus women center wisconsin student public interest research group wispirg university acknowledges addition providing campus services tutoring counseling rso engage political ideological expression brief petitioner gssf well sgaf consists moneys originating allocable portion mandatory fee parties stipulated respect sgaf gssf funding process reviewing approving allocations funding administered fashion university use fee program advocating particular point view student referendum provides third means rso obtain funding record sparse feature university program parties inform us student body vote either approve disapprove assessment particular rso one referendum resulted allocation wispirg academic year oral argument counsel university acknowledged referendum also operate defund rso veto funding decision asm october example student body voted terminate funding national student organization university belonged parties confirmed oral argument stipulation regarding program viewpoint neutrality extend referendum process tr oral arg respect gssf sgaf funding asm finance committee makes initial funding decisions app asm open session interested students may attend meetings rso funding discussed also appears asm must approve results student referendum approval appears pro forma however counsel university advised us student government voluntarily views th referendum binding tr oral arg asm approves rso funding application forwards decision chancellor board regents review approval app approximately university rso received funding academic year rso general rule receive cash distributions rather rso obtain funding support reimbursement basis submitting receipts invoices university guidelines identify expenses appropriate reimbursement permitted expenditures include main costs printing postage office supplies use university facilities equipment materials printed student fees must contain disclaimer views expressed asm university also reimburses rso fees arising membership related organizations university policy establishes purposes fees may expended rso may receive reimbursement ifts donations contributions costs legal services ctivities politically partisan religious nature policy give examples prohibited expenditures separate policy statement gssf funding rso receive funding primarily political orientation registered political group policy adds rso shall use student fees lobbying purposes ibid one point brief respondents suggest prohibition expenditures politically partisan purposes renders program viewpoint neutral brief respondents view fact parties entered stipulation contrary outset litigation reiterated oral argument consider respondents challenge aspect university program university student organization handbook guidelines regulating conduct activities rso addition obligating rso adhere fee program rules regulations guidelines establish procedures authorizing student complain university rso noncompliance extensive investigative process place evaluate remedy violations university policy includes range sanctions noncompliance including probation suspension termination rso status one rso appears operate manner distinct others wispirg reasons clear record wispirg receives cash distributions university university counsel informed us distribution reduced gssf portion fee pool tr oral arg full extent uses wispirg puts funds unclear know however wispirg sponsored events regarding homelessness environmental consumer protection issues app coordinated community food drives educational programs spent portion activity fees lobbying efforts parent organization student internships aimed influencing legislation march respondents attended still attend university madison campus filed suit district western district wisconsin members board regents respondents alleged inter alia imposition segregated fee violated rights free speech free association free exercise first amendment contended university must grant choice fund rso engage political ideological expression offensive personal beliefs respondents requested injunctive declaratory relief summary judgment district ruled favor declaring university segregated fee program invalid abood detroit bd ed keller state bar cal district decided fee program compelled students support political ideological activity disagree violation respondents first amendment rights freedom speech association app pet cert reach respondents free exercise claim district order enjoined board regents using segregated fees fund rso engaging political ideological speech appeals seventh circuit affirmed part reversed part vacated part southworth grebe district done appeals found compelled speech precedents controlling examining university fee program test outlined lehnert ferris faculty assn concluded program germane university mission vital policy university imposed much burden respondents free speech rights ike objecting union members abood appeals reasoned students first amendment interest compelled contribute organization whose expressive activities conflict personal beliefs added protecting objecting students free speech rights heightened concern following decision rosenberger rector visitors univ university discriminate disbursement funds imperative students compelled fund organizations engage political ideological activities way protect individual rights appeals extended district order enjoined board regents requiring objecting students pay portion fee used fund rso engaged political ideological expression three members appeals dissented denial university motion rehearing en banc view panel opinion overlooked crucial difference requirement pay money organization explicitly aims subsidize one viewpoint exclusion viewpoints abood keller requirement pay fee group creates forum true student activity fee southworth grebe wood dissenting courts addressing first amendment challenges similar student fee programs reached conflicting results compare rounds oregon state bd higher ed hays county guardian supple cert denied kania fordham good associated students univ en banc smith regents univ cal cal cert denied conflicts together importance issue presented led us grant certiorari reverse judgment appeals ii inevitable government adopt pursue programs policies within constitutional powers nevertheless contrary profound beliefs sincere convictions citizens government general rule may support valid programs policies taxes exactions binding protesting parties within broader principle seems inevitable funds raised government spent speech expression advocate defend policies see rust sullivan regan taxation representation case decide however raise issue government right specific university right use funds advance particular message university whole justification fostering challenged expression springs initiative students alone give purpose content course extracurricular endeavors university disclaimed speech reach question whether traditional political controls ensure responsible government action sufficient overcome first amendment objections allow challenged program principle government speak challenged speech financed tuition dollars university officials responsible content case might evaluated premise government speaker case us university wisconsin exacts fee issue sole purpose facilitating free open exchange ideas among students conclude objecting students may insist upon certain safeguards respect expressive activities required support public forum cases instructive close analogy true even though student activities fund public forum traditional sense term despite circumstance cases often involve demand access claim exempt supporting speech see lamb chapel center moriches union free school widmar vincent standard viewpoint neutrality found public forum cases provides standard find controlling decide viewpoint neutrality requirement university program general sufficient protect rights objecting students student referendum aspect program funding speech expressive activities however appears inconsistent viewpoint neutrality requirement must begin recognizing complaining students required pay fees subsidies speech find objectionable even offensive abood keller cases provide beginning point analysis abood detroit bd keller state bar precedents identify interests protesting students means implementing first amendment protections adopted decisions neither applicable workable context extracurricular student speech university abood nonunion public school teachers challenged agreement requiring condition employment pay service fee equal amount union dues objecting teachers alleged union use fees engage political speech violated freedom association guaranteed first fourteenth amendments agreed held objecting teacher prevent union spending part required service fees contribute political candidates express political views unrelated duties exclusive bargaining representative principles outlined abood provided foundation later decision keller held lawyers admitted practice california required join state bar association fund activities germane association mission regulating legal profession improving quality legal services lawyers however required fund bar association political expression proposition students attend university required pay subsidies speech students without first amendment protection follows abood keller cases students enroll public universities seek fulfillment personal aspirations potential university conditions opportunity receive college education opportunity comparable importance joining labor union bar association agreement support objectionable extracurricular expression students rights acknowledged abood keller become implicated infringes speech beliefs individual required mandatory student activity fee program pay subsidies objectionable speech others without recognition state corresponding duty yet recognition must given well important substantial purposes university seeks facilitate wide range speech abood keller constitutional rule took form limiting required subsidy speech germane purposes union bar association standard germane speech applied student speech university unworkable however gives insufficient protection objecting students university program even context labor union whose functions might thought well known understood law courts long history government regulation judicial involvement encountered difficulties deciding germane difficulty manifested decision lehnert ferris faculty different members reached varying conclusions regarding expressive activity germane mission association difficult define germane speech ease precision union bar association party standard becomes unmanageable public university setting particularly state undertakes stimulate whole universe speech ideas speech university seeks encourage program us distinguished discernable limits vast unexplored bounds insist upon asking speech germane contrary goal university seeks pursue say germane ideas pursued institution higher learning vast extent permitted expression makes test germane speech inappropriate intervention underscore high potential intrusion first amendment rights objecting students inevitable fees result subsidies speech students find objectionable offensive personal beliefs standard germane speech inapplicable might argued remedy allow student list causes support university decided students first amendment interests better protected type optional refund system free decline impose system sort constitutional requirement however restriction disruptive expensive program support extracurricular speech ineffective first amendment require university put program risk university may determine mission well served students means engage dynamic discussions philosophical religious scientific social political subjects extracurricular campus life outside lecture hall university reaches conclusion entitled impose mandatory fee sustain open dialogue ends university must provide protection students first amendment interests however proper measure principal standard protection objecting students conclude requirement viewpoint neutrality allocation funding support viewpoint neutrality obligation gave substance rosenberger rector visitors univ university virginia feared association student newspaper advancing religious viewpoints violate establishment clause rejected argument holding school adherence rule viewpoint neutrality administering student fee program prevent mistaken impression student newspapers speak university rosenberger concerned rights student use extracurricular speech program already place today case considers antecedent question acknowledged unresolved rosenberger whether public university may require students pay fee creates mechanism extracurricular speech first instance university requires students pay fees support extracurricular speech students interest open discussion may prefer viewpoints others symmetry holding rosenberger viewpoint neutrality justification requiring student pay fee first instance ensuring integrity program operation funds collected conclude university wisconsin may sustain extracurricular dimensions programs using mandatory student fees viewpoint neutrality operational principle parties stipulated program university developed stimulate extracurricular student expression respects principle viewpoint neutrality stipulation continue control case university program basic structure must found consistent first amendment make distinction campus activities expressive activities objectionable rso activities respondents tell us often bear relationship university reason imposing segregated fee first instance foster vibrant campus debate among students university shares concerns free enact viewpoint neutral rules restricting travel expenditures rso may create tantamount limited public forum principles viewpoint neutrality respected cf find principled way however impose upon university constitutional matter requirement adopt geographic spatial restrictions condition rsos entitlement reimbursement universities possess significant interests encouraging students take advantage social civic cultural religious opportunities available surrounding communities throughout country universities like society finding traditional conceptions territorial boundaries difficult insist upon age marked revolutionary changes communications information transfer means discourse rule viewpoint neutrality respected holding affords university latitude adjust extracurricular student speech program accommodate advances opportunities decision taken imply instances university agents employees particular importance faculty subject first amendment analysis controls case university speaks either name regents officers myriad ways diverse faculties analysis likely altogether different see rust sullivan regan taxation representation held suggested government speaks rules discussed come play government speaks instance promote policies advance particular idea end accountable electorate political process advocacy citizenry objects newly elected officials later espouse different contrary position instant case speech university agents furthermore speech instructor professor academic context principles applicable government speech considered cf rosenberger supra discussing discretion universities possess deciding matters relating educational mission iii remains discuss referendum aspect university program record well developed point appears majority vote student body given rso may funded defunded unclear us protection viewpoint neutrality part process extent referendum substitutes majority determinations viewpoint neutrality undermine constitutional protection program requires whole theory viewpoint neutrality minority views treated respect majority views access public forum instance depend upon majoritarian consent principle controlling remand necessary appropriate resolve point case events must reexamined light principles discussed judgment appeals reversed case remanded proceedings consistent opinion parties shall bear costs ordered board regents university wisconsin system petitioner scott harold southworth et al writ certiorari appeals seventh circuit march justice souter justice stevens justice breyer join concurring judgment majority today validates university student activity fee recognizing new category first amendment interests new standard viewpoint neutrality protection agree university scheme permissible believe take occasion impose viewpoint neutrality requirement uphold see ante instead hold first amendment interest claimed student respondents hereinafter southworth simply insufficient merit protection anything viewpoint neutrality already accorded university go parties stipulated grant scheme administered viewpoint neutral basis like majority take case assumption question us thus properly cast whether viewpoint neutrality required whether southworth claim relief specific viewpoint neutral scheme two sources law might considered answering question first comprises first amendment related cases grouped umbrella academic freedom law might implicated university proffered rationale grant scheme funded student activity fee integral element discharge educational mission app excerpt dean students office student organization handbook noting activities student groups constitute second id statement associate dean students noting academic importance funding scheme see also ante understanding academic freedom included merely liberty restraints thought expression association academy also idea universities schools freedom make decisions teach regents univ ewing recognized related conceptions academic freedom thrives independent uninhibited exchange ideas among teachers students also somewhat inconsistently autonomous decisionmaking academy id citations omitted opinions books emphasize broad conceptions academic freedom accepted might seem clothe university immunity challenge regulations made obligations imposed discharge educational mission sweezy new hampshire justice frankfurter concurring result joined justice harlan explained importance university ability define mission quoting statement open universities south africa business university provide atmosphere conducive speculation experiment creation atmosphere prevail four essential freedoms university determine academic grounds may teach may taught shall taught may admitted study id citations omitted broad statements academic freedom dispose case however ewing addressed relationship academic freedom first amendment burdens imposed university due process challenge university academic decisions case stopped short recognizing absolute autonomy ewing supra justice frankfurter discussion sweezy though rejected adopted full sweezy supra opinion concurring result cases academic freedom thus far dealt limited subjects compel conclusion objecting university student without first amendment claim spoken terms wide protection academic freedom autonomy bars legislatures courts imposing conditions spectrum subjects taught viewpoints expressed college teaching majority recognizes ante never held universities lie entirely beyond reach students first amendment rights thus prior cases go far control result one going beyond cases order simply university litigated grounds academic freedom freedom university autonomy enough say protecting university discretion shape educational mission may prove important consideration first amendment analysis objections student fees sweezy supra frankfurter concurring result ewing supra second avenue addressing southworth claim pro rata refund total abolition student activity fee see closely circumstances resemble instances governmental speech mandates found require relief threshold matter plain case falls far afield involving compelled controlled speech apart subsidy schemes indirectly transmitting fraction student activity fee organization offensive message sense equivalent restricting modifying message student wishes express cf hurley gay lesbian bisexual group boston require individual bear offensive statement personally wooley maynard let alone affirm moral political commitment west virginia bd ed barnette cases government imposing far directly offensively objecting individual collecting fee indirectly funds jumble speakers messages case next agree majority abood keller line cases control remedy situation students significantly different union bar association members ante see abood detroit bd keller state bar first relationship fee payer ultimately objectionable expression far attenuated union bar association cases individual required join least drop money coffers organization promoting messages subject objection abood supra keller supra connection forced contributor ultimate message direct unmediated contribution organization speaking student contributor however fund distributing agency social political ideological character engaging parties agree expression distinct message app indeed disbursements varying year year likely fund organization disputes message individual student finds exceptionable thus clear connection fee payer offensive speech loomed large decisions union bar cases simply evident second southworth objection less force might otherwise carry challenged fees support government program aims broaden public discourse noted rosenberger rector visitors univ dissenting opinion university fee issue tax state university compels paid state accounts disbursed ultimate authority state stat app although facts may fit neatly holdings government speech university expressly renounced claim ante cases suggest first amendment government may properly use tax revenue promote general discourse buckley valeo per curiam rejected challenge congressional program providing viewpoint neutral subsidies presidential candidates based part reasoning program congressional effort abridge restrict censor speech rather use public money facilitate enlarge public discussion participation electoral process goals vital people thus program furthers abridges pertinent first amendment values id recognized principle outside sphere government spending well pruneyard shopping center robins rejected shopping mall owner blanket claim private property owner first amendment right forced state use property forum speech others omitted upheld right individuals exercise rights expression shopping mall owner property noting among things danger requirement dampe vigor limi variety public debate id quoting miami herald publishing tornillo alteration original consideration goes fee payer speech objection scheme third prior compelled speech compelled funding cases distinguishable basis legitimacy governmental interest one disputes university assertion educational value derived activities supported fee ante supra whereas governmental interest mandating union bar association support beyond supporting collective bargaining professional regulatory functions organizations see abood keller legitimate governmental interest requiring publication affirmation propositions bearer speaker agree wooley barnette finally weakness southworth claim underscored setting within university whose students inevitably required support expression personally offensive viewpoints ways thought constitutionally objectionable unless one prepared deny university choice teach one disputes fraction students tuition payments may used course offerings ideologically offensive students paying professors say things university forum radically odds politics particular students least anyone claim university somehow required offer spectrum courses satisfy viewpoint neutrality requirement see rosenberger supra souter dissenting university need provide junior years abroad north korea well france instruct theory plutocracy well democracy teach nietzsche well thomas since uses tuition payments optional anyone wishes stay college may fund offensive speech far obviously student activity fee difficult see activity fee present stronger argument refund sum see basis provide relief scheme administered go respectfully concur judgment footnotes limit examination case solely general disbursement scheme agree majority referendum issue adequately addressed district courts appeals see ante say nothing subject reasoning majority need reach question whether viewpoint neutrality required decide case university program required viewpoint neutrality parties stipulated funds disbursed accordingly stipulation app viewpoint neutrality sufficient condition majority uphold scheme limited ground without deciding whether necessary one long recognized constitutional importance academic freedom see wieman updegraff frankfurter concurring sweezy new hampshire plurality opinion shelton tucker keyishian board regents univ state university cases dealt restrictions imposed outside academy individual teachers speech associations keyishian board regents supra shelton tucker supra sweezy new hampshire supra wieman updegraff supra cases dealing right teaching institutions limit expressive freedom students confined high schools hazelwood school dist kuhlmeier bethel school dist fraser tinker des moines independent community school whose students schools relation different least arguably distinguishable counterparts college education indeed acceptance general statement academic freedom south african manifesto quoted justice frankfurter might thought even sanction student speech codes public universities noted contexts act funding may communicative element see rosenberger rector visitors univ dissenting opinion national endowment arts finley dissenting opinion allegation general expression objectionable clear claim necessarily raises substantial first amendment concerns light speech promoting educational aspects expression cf buckley valeo per curiam see also infra true one go college one real estate receive dividend unlike majority hold mere fact university disclaims speech expression takes scope jurisprudence government directed speech never generally questioned university spacious discretion allocate public funds see rosenberger supra souter dissenting citing rust sullivan regan taxation representation course believe even government program promotes broad range expression subject specific prohibition government funding promote religion imposed establishment clause see rosenberger supra souter dissenting legitimacy governmental objective distinguishes case view one brought university student objected supporting religious evangelism see rosenberger supra souter dissenting