David Hacker: Student activity fee referenda: when the democratic process violates the First Amendment

ADF Attorney David J. Hacker writing at Speak Up Movement / University: “Today, I examine the constitutional implications of melding student fee allocation with the democratic process: the student fee referendum . . . The Supreme Court has ruled that as a condition for requiring students to pay a student fee that funds disagreeable speech, universities must allocate the fees on a viewpoint neutral basis. When students vote to fund particular student groups via a referendum, they violate viewpoint neutrality . . . Recently, in Amidon v. Student Association of the State University of New York at Albany, the United States Court of Appeals for the Second Circuit held that student activity fee referenda violate viewpoint neutrality.” | Related: David Hacker: Allocating student activity fees based on clear standards