Suit Over Mandatory Student Activity Fees Accepted by Court

The state Supreme Court on Thursday agreed to review a far-reaching constitutional challenge to the use of mandatory student activity fees to fund campus political groups at UC Berkeley.

Under the system at issue, a portion of an annual $37.50 fee is used by the UC student government to support about 150 student organizations--including political groups ranging from the Abortion Rights Action League to the Sierra Club to Students for Peace.

Similar use of mandatory fees to fund student government activities and campus groups is made in various forms throughout the UC system and other public institutions in the state.

A group of UC Berkeley students brought suit against the UC Regents and student government, contending that using their money to support groups with which they disagreed violated their rights to free speech and association.

Last June, a state Court of Appeal here rejected the challenge, saying such use of mandatory fees furthered the university’s “educational purposes.”

“Indeed, the funding of the student groups promotes free expression by providing a forum for the exchange of ideas and the advocacy of divergent views,” Appellate Justice John T. Racanelli wrote for the unanimous three-judge panel.

The students then brought an appeal to the state Supreme Court, contending that neither they nor the tens of thousands of other students in public institutions in California should be required to “subsidize” political activity.

The high court agreed to review the case in a brief order signed by Chief Justice Malcolm M. Lucas and Justices Edward A. Panelli, David N. Eagleson and Marcus M. Kaufman.