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During the 1970s and 1980s, the student senate at the University of California at Berkeley debated and passed resolutions on such local, state, and national issues as "gay and lesbian rights, the proposed Equal Rights Amendment, gun control, the reelection of a particular United States Representative, a municipal initiative to legalize marijuana, and the treatment of political prisoners in foreign countries."' Some Berkeley students disagreed with these resolutions and challenged them in court, claiming that the university infringed upon their First Amendment rights not to speak and not to associate themselves with ideas or groups they disliked. Specifically, they insisted that the university could not constitutionally use mandatory student activity fees to support a student government that passes controversial political resolutions.2 State universities use their mandatory student activity fees to fund a wide range of student services and extracurricular student groups.3 However, students, like those at Berkeley, often object to having to subsidize their student government when they disagree with the positions it takes on their behalf.4

The First Amendment and Compulsory Funding of Student Government Political Resolutions at State Universities