Case Study 2

630 words - 3 pages

Students at the University of Virginia are required to pay an activity fee. This fee is used to fund student organizational activities. Registered student organizations can apply to receive these funds to offset some of the costs. Rosenberger started a Christian magazine entitled Wide Awake Publication (WAP). To help with printing cost Ronald W. Rosenberger, a university student, applied for the student funds and were denied. According to UVA, groups cannot acquire funds for “religious activities, philanthropic activities, political activities, activities that would jeopardize the University’s tax-exempt status, those which involve payment of honoraria or similar fees, or social or entertainment related expenses” (Rosenberger v. University of Virginia, 515 U.S. 819, 1995). UVA claimed WAP “primarily promotes or manifests a particular belief in or about a deity or an ultimate reality," as prohibited by the University's SAF Guidelines (Rosenberger v. Rector, 1995). The Petitioners filed suit against the Respondents, the Rector and Visitors of the University of Virginia’s claiming that by not allowing them a portion of the student funds, the University was infringing on their First Amendment Rights to free speech. The district court sided with UVA stating that the Establishment Clause prohibited the University from funding religiously motivated activities. The Supreme Court granted certiorari. The US Supreme Court found that funds could not be denied to a religious publication if the funds are available to other non- religious student publications. Doing so violates the First Amendment guarantee of free speech. In addition the Supreme court ruled that equal access to student funds must be granted to all groups, regardless of their religious or other viewpoints. In addition, the Court found that providing funds to religious organizations would not violate the Establishment Clause because the funds were neutrally given to any group meeting certain criteria that requested the funds
The main issue is whether the school has the right to...

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