Student Fees Upheld/Santa Fe

[Michael McConnell]

I think it is incorrect to state, as Marty Lederman does, that the
voters in a referendum are engaging in state action. If that were
true, it would be unconstitutional for voters to vote on the basis of
invidious characteristics. Rather, the unconstitutionality stems from
the structure of the system, which is established by the state: the
state may not subsidize private speech based on majoritarian
preferences.


-- Michael McConnell (U of Utah)