Supremely Naive: The Impact of Southworth on the “Marketplace of Ideas”

In 2000, the Supreme Court ruled in Board of Regents v. Southworth that using mandatory student fees to fund student organizations and speakers does not violate the First Amendment rights of those who disagree with the content. The Court’s decision, however, was premised on the idea that university officials would be “viewpoint neutral” in allocating funds—that they would not let the process be used to promote or silence any political perspectives. The Court was dreadfully naive about the state of affairs on campus. Its deferential attitude toward universities and the assumption of good faith speaks to a generation gap between what the justices experienced as students and what today’s students encounter.