Justice Anthony M. Kennedy responded in the New York Times on the court decision to overturn the appellate ruling by saying, While the students did have First Amendment interests at stake, recognition must be given as well to the important and substantial purposes of the university, which seek to facilitate a wide range of speech. Activity fees in many public and private universities are allotted to sometimes-controversial clubs and organizations. In being forced to pay these activity fees students are providing money and supporting causes they otherwise do not stand for. These mandatory fees fueled the student's suit claiming violations of their First Amendment rights. The court decision directly focuses on public colleges and universities where government influence is present.
Constitution applies solely to government conduct.
But the court's statement might well guide the resolution of similar debates over mandatory student fees that have arisen on private campuses, said Greenhouse. The Sacred Heart University Spectrum. All Rights Reserved.