Court hears Southworth appeal

The 7th U.S. Circuit Court of Appeals heard arguments Nov. 27 in a six-year old case involving the way segregated student fees are distributed on UW System campuses.

The hearing follows a string of court decisions in the case commonly known as “Southworth,” named after former law student Scott Southworth. He sued the university in 1996, saying payment of mandatory student fees violated the First Amendment right to free speech because they supported groups with which he disagreed.

The U.S. Supreme Court ruled in March 2000 that UW–Madison’s segregated fee system does not compromise First Amendment freedoms, because the funds are distributed to groups on a “viewpoint neutral basis.”

Based on that ruling, Southworth and other plaintiffs then challenged the viewpoint neutrality of the funding system.

U.S. District Court Judge John Shabaz of Madison ruled in their favor last December. He said the fee distribution process does not guarantee viewpoint neutrality, because decisions are left to the discretion of student government leaders. He gave the UW System 60 days to devise a new fee distribution system.

In March, still not happy with how the university operated its fee system, Shabaz still ruled the fees unconstitutional. The UW System Board of Regents then appealed that decision.

It could be weeks or even months before the three-judge panel of the appellate court issues a written ruling.