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SOUTHWORTH v. BD. OF REGENTS UNIV. OF WISCONSIN

No. 01-1912.

307 F.3d 566 (2002)

Scott H. SOUTHWORTH and Benjamin Thompson, Plaintiffs-Appellees, v. BOARD OF REGENTS OF THE UNIVERSITY OF WISCONSIN SYSTEM, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 1, 2002.

As Amended October 2, 2002.

Attorney(s) appearing for the Case

Jordan W. Lorence (argued), Alliance Defense Fund Law Center, Scottsdale, AZ, for Plaintiffs-Appellees.

Thomas J. Balistreri, Peter C. Anderson (argued), Office of the Attorney General, Wisconsin Dept. of Justice, Madison, WI, for Defendant-Appellant.

Justin P. Smith, Public Citizen Litigation Group, Michael D. Leffel, Wilmer, Cutler & Pickering, Washington, DC, for Amicus Curiae.

Before BAUER, WOOD, Jr., and MANION, Circuit Judges.

MANION, Circuit Judge.

Six years ago, several students at the University of Wisconsin-Madison ("the University") sued the University challenging its mandatory student activity fee system on First Amendment grounds. Following appeals to this court and to the United States Supreme Court, on remand to the district court, the sole issue remaining was whether the mandatory fee system unconstitutionally granted the student government unbridled discretion for deciding which...

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