[ Center for Campus Free Speech ]
"Education involves more than tests, textbooks, lectures, and libraries. Fundamentally, it is about the development of character. Consequently, education does not end at the classroom door, but permeates campus and university life."
- from an American Council on Education amicus brief to the Supreme Court
A Multitude of Voices Strengthen Defense at Supreme Court
Student organizations and activities create a unique marketplace of ideas. The University of Wisconsin has been fighting a 7th Circuit Court of Appeals ruling that would severely restrict their ability to provide such a forum. The case, Southworth vs. Grebe, will be argued in front of the Supreme Court on November 9th, 1999 at 10am.
A host of organizations voiced their support for the University by filing amicus ("friend of the court") briefs with the Supreme Court. The text of selected briefs are available below. For more background on the case, click here. (click here for more information)
Briefs submitted in support of the University:
American Council on Education and 9 higher education associations. - "ACE participates as an amicus curiae only on rare occasions when a case presents issues of substantial importance to higher education in the United States. This is such a case." Signing organizations range from the College Board to the American Association of Community Colleges. They represent college presidents, deans, and administrators.
(click here to download brief)
United States Student Association - "Amici ... believe that robust and active student debate is the sine qua non of a quality university." Also signing onto the brief are statewide student associations in Arkansas, California, Colorado, Florida, Kentucky, Minnesota, New York, North Dakota, Oklahoma, Oregon, and Washington.(click here to download brief)
The States, represented by Attorney Generals - "As members of the public, we support the erection and maintenance of countless public fora." Amici include Arkansas, Colorado, Georgia, Hawaii, Iowa, Louisiana, Maryland, Massachusetts, Minnesota, Montana, New York, North Carolina, Ohio, and Tennessee. Coming soon.
Excerpts from additional briefs filed in support of the University:
Student Press Law Center, Associated Collegiate Press, and College Media Advisors - "An affirmation by this Court of the decision of the court of appeals could threaten the very existence of student media on hundreds of public college campuses nationwide."
Brennan Center for Justice at New York University School of Law - "The Center takes an interest in this case because of its implications for the ability of government to assist individuals lacking the financial resources to participate fully in the free market of ideas..."
American Civil Liberties Union, ACLU of Wisconsin, and the People for the American Way -- "Given the existence of a limited public forum, respondents fear that they will be falsely identified with speech that takes place in the public forum has no factual or legal merit."
National Legal Aid Defenders Association, Student Legal Services Section - "Compelled funding of services and of a limited public forum in a university setting facilitates connections between learning and an empowered citizenry."
Associated Students of Madison & 119 student groups ranging from the Debate Club to the Hong Kong Catholic Student Group. - "These organizations represent broad and diverse viewpoints on a range of educational, cultural, social, political, and pre-professional issues, and they are integral to the presentation, discussion, and debate of issues and ideas on the University of Wisconsin campuses."
AFL-CIO - "The government in general, and a public university in particular, has a legitimate interest in providing a forum for the expression of views by individuals and organizations."
National Education Association - "The remedy for those persons who find the Board of Regents' program offensive or misguided in whole or in part lies in the normal political channels, and not in the federal courts under the guise of a First Amendment conscientious-objection challenge."
United Council of Wisconsin Students - "It (shared governance) is a dynamic, creative process which has allowed the University of Wisconsin to continue to offer excellent education, while meeting the needs of the constantly changing student body."
Lambda Legal Defense Fund - "Those more novel or controversial participants in campus life provide an essential part of all students' education, even if - and, in part, because - some students become convinced that the ideas expressed are wrong."
NYPIRG - "The Seventh Circuit's approach jeopardizes rather than protects free speech because it allows individual students' objections to sterilize campus speech and invites a tyranny of the majority to stifle the speech of disfavored campus groups."
University of California Student Association - "To require public universities to categorize and scrutinize each group to see whether its speech and activities are more political than educational to determine which will receive funding, would result in unconstitutional content based discrimination."
Briefs opposing the University were submitted by:*
Pacific Legal Foundation
National Smokers Alliance
Rutherford Institute
Family Research Institute |
