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ROSENBERGER v. RECTOR AND VISITORS OF UNIVERSITY OF VIRGINIA

No. 94-329.

515 U.S. 819 (1995)

ROSENBERGER et al. v. RECTOR AND VISITORS OF UNIVERSITY OF VIRGINIA et al.

United States Supreme Court.

Decided June 29, 1995.

Attorney(s) appearing for the Case

Michael W. McConnell argued the cause for petitioners. With him on the briefs was Michael P. McDonald.

John C. Jeffries, Jr., argued the cause for respondents. With him on the brief was James J. Mingle.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Thomas, JJ., joined. O'Connor, J., p. 846, and Thomas, J., p. 852, filed concurring opinions. Souter, J., filed a dissenting opinion, in which Stevens, Ginsburg, and Breyer, JJ., joined, p. 863.

Justice Kennedy, delivered the opinion of the Court.

The University of Virginia, an instrumentality of the Commonwealth for which it is named and thus bound by the First and Fourteenth Amendments, authorizes the payment of outside contractors for the printing costs of a variety of student publications. It withheld any authorization for payments on behalf of petitioners for the sole reason that their student paper "primarily...

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