CHICAGO — The seemingly never-ending Southworth case has, to say the least, been both an adventure and an education. In 1996 a group of unknown law students filed a suit in federal court, complaining that mandatory seg fees were unconstitutional.
Five years later, the Editorial Editor of The Badger Herald was grilled by a clerk in the Seventh Circuit Court of Appeals as to why so many people had called about a seemingly innocuous trial called Fry v. Board of Regents (i.e., Southworth).
Of course, the answer had something to do with the fact this saga has seen UW travel to the district court and appeals court twice, and the Supreme Court once, as well as been the subject of editorials in The New York Times, Wall Street Journal and many other prominent papers.
However, most significant has been the impact on student government. From the beginning this case has been the Associated Students of Madison’s fight, and this year alone hardly a single meeting went by without some discussion of viewpoint-neutrality — a bona fide new catchphrase.
But what about Joe College? Has or will Southworth have any impact on the regular student who could not care less about ASM or the ongoing lawsuit?
Like most complex questions, the answer is “yes,” “no,” and “maybe.”
YES
Every single student on this campus pays segregated fees, whether they like it or not. When Southworth filed his suit, the amount in question was a mere $12. Next year the amount will balloon to over $70, an increase far steeper than that of tuition over the same time period.
That is no small amount of cash — certainly enough for its absence to be felt by a college student struggling to get along on student loans, a part-time job and ramen noodles. Even the more fortunate would surely appreciate an extra $70.
Moreover, I am going to be optimistic and assume most students have some beliefs they hold dear. Yet some of their money may be going to support ideas they completely oppose. In fact, this was the original rationale for the Southworth suit.
And even if the system were viewpoint-neutral, serious questions about the legitimacy of a marketplace of ideas are raised by government-funded political expression.
Finally, much student government energy, seg-fee dollars, and student newsprint is being devoted to this suit instead of other items of more immediate importance to the normal student concerned about where to go out on the weekend.
NO
Students come to Madison to get an education, prepare for a job, make friends, go to football games, drink, etc. (and not necessarily in that order). If learning about seg fees, student government, and viewpoint-neutrality is on that list, it surely is scraping the bottom of the page.
For that reason, tuition and the included fees are simply prices to be paid — the particulars are of no great importance. What is noticeable is the dollar increase in tuition — a much greater concern. Student government is unimportant, since they do not control that number anyway.
And honestly, in this light Southworth is a benefit since it keeps student government busy playing politics instead of attempting to mess with student life. As far as newsprint, students are mainly worried about the crossword.
MAYBE
If (or when) seg fees lose their mandatory status, the most likely remedy will be an opt-out (or, hopefully, opt-in) system. Students (or their parents) will receive a tuition bill with current seg fees included. But on that bill will be a little box that, if checked, will relieve that student of the obligation to pay their portion of student fees.
So every student will check the box, right? Not necessarily. First off, the box will probably be well hidden. Secondly, for the parents who pay the bills, the description next to the box will probably be so flowery and wonderful they will not be able to bring themselves to check it. Third, students who believe in the current seg-fee system (mostly student government types and those with jobs paid for by seg fees) will gladly leave the box empty and encourage others to do the same.
So why is this maybe? Those who genuinely need the money or who have serious ideological problems with some groups will be free to do with their money as they please. Students who just do not care can continue with the status quo. In other words, since Southworth will affect some students and not others, it may affect you.
But the scenario under maybe is actually a benefit to all, because students will finally be governed by a system that is fair and constitutional.
Benjamin Thompson ([email protected]) is a senior majoring in political science. He is no relation to the Benjamin Thompson listed as a plaintiff in the current Southworth case.
