Any word on the oral argument in the compelled student fees

[Ann Althouse]

>Nina Totenberg's report made much of the university's substantial grant to
>WPIRG; as I understand from both her story and Linda Greenhouse's piece,
>the University funded WPRIG directly, and those funds were distributed
>only because a student referendum authorized their distribution.  How does
>the university defend the use of student fees to subsidize an advocacy
>group, but only if it secures a majority vote in a referendum?
>
>Michael R. Masinter                     3305 College Avenue
>Nova Southeastern University            Fort Lauderdale, Fl. 33314
>Shepard Broad Law Center                (954) 262-6151
>masinter at law.acast.nova.edu             Chair, ACLU of Florida Legal Panel


 Here is some info on how the funding is done from the Badger Herald, one
of the campus newspapers. What follows is written by student reporter Beth
A. Williams:

***

" The referendum method of funding, which WisPIRG uses, drew
 concern from justices who feared referendum funding could prevent
 minority viewpoints from being heard.

***

 "The question of exactly how these referenda work was never
 answered fully at the hearing.

 "WisPIRG Board member Maria Pelzer said every three years the
 group asks students to fund WisPIRG at a certain level.

""We do go to the student body and ask them how they feel about
 our organization being funded," she said.

 "Once students agree to fund the group at a certain level, WisPIRG
 asks SSFC for funding.

" Pelzer said the student government agrees to be bound by the
 results of the referendum for one year.

 "However, she stressed that these referenda are not actually
 binding.

" "In no way is it legally binding," she said. "The administration can
 step in at any time."

" SSFC Chair Paul Lachelier said when WisPIRG comes before the
 committee they follow the results of the referenda for at least the
 first year. Between referenda SSFC can cut its funding significantly.

" "Whatever students decide is what is funded in that year," Lachelier
 said.

 "However, WisPIRG Board Chair Mia Scampini said student
 government always has the power to override the referendum
 results, meaning the majority will not be able to stifle minority
 opinion.

 ""It is a voluntary and nonbinding referendum," she said. "They
 could cut our budget at any time."

 "Scampini said WisPIRG uses the referenda to see how students
 feel about their work and as support for their application when they
 ask SSFC for funding.

 ""We just think it's a way to strengthen the show of support,
 especially when we go to SSFC," Scampini said.

" The justices also expressed concerns about WisPIRG's lobbying
 activities.

"Groups funded through SSFC are not allowed to take part in
 partisan activities.

" At the hearing, Ullman said student fees were not used to pay for
 lobbying.

" Scampini said student fees do pay dues to USPIRG, which does
 lobby.

 "Through those dues, Scampini said the group does lobby.

" "[Lobbying is] one of the benefits we get through those dues,"
 Scampini said.

 "Pelzer also said WisPIRG's lobbying activities are not partisan.

 ""A lot of people see lobbying as partisan and it's definitely not,"
 Pelzer said. "When we are going to talk to representatives, we talk
 to all representatives, not just representatives of one party," she
 said.

" The court also discussed whether it was appropriate for WisPIRG to
 be funded as a student service.

 ""If that is a service, then all sorts of organizations - that have quite
 partisan views and spend their time trying to persuade students -
 are a service," Chief Justice William Rehnquist said at the hearing.

" Lachelier said although he may not be speaking for all members of
 SSFC, he believes the committee does need to talk more about its
 definition of service but has been basing most of its decisions on
 numbers of UW-Madison students served.

 ""The organizations directly have to benefit a large number of
 students on campus," Lachelier said.

 "Both Pelzer and Scampini said WisPIRG provides numerous
 services for students.

""In essence, all the organizations give students the opportunity to
 go forth and pursue the things they want to pursue and be an
 active member of the university," Pelzer said."
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