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AMIDON v. STUDENT ASS'N OF STATE UNIV. OF NEW YORK

Docket Nos. 05-6623-cv (L), 05-6664-cv (CON), 06-0117-cv (XAP).

508 F.3d 94 (2007)

Eric AMIDON, Winston Brownlow, and Collegian Action Leadership League of New York, by its President, Plaintiffs-Appellees-Cross-Appellants, v. STUDENT ASSOCIATION OF the STATE UNIVERSITY OF NEW YORK AT ALBANY, New York Public Interest Research Group, "NYPIRG," and President of the Student Association of the State University of New York at Albany, in his official capacity, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 20, 2007.

Attorney(s) appearing for the Case

Thomas Marcelle, Law Office of Thomas Marcelle, Albany, NY, for Eric Amidon, Winston Brownlow, and Collegian Action Leadership League of New York.

Lewis B. Oliver, Jr., Oliver & Oliver, Albany, NY, for the Student Association of the State University of New York at Albany.

Michael B. De Leeuw (Alexander R. Sussman, Darcy M. Goddard, Michael F. Savicki, Sloan S.J. Johnston, Alexis Karteron, on the brief), Fried, Frank, Harris, Shriver & Jacobson LLP, New York, NY, for New York Public Interest Research Group.

David C. Vladeck, Georgetown University Law Center, Institute for Public Representation, Washington, D.C., for amicus curiae Connecticut Public Interest Research Group.

Before: WALKER and B. D. PARKER, Circuit Judges, and CASTEL, District Judge.

JOHN M. WALKER, JR., Circuit Judge:

In this appeal from a November 7, 2005 judgment of the United States District Court for the Northern District of New York (David N. Hurd, Judge), we decide whether the Student Association ("SA") of the State University of New York at Albany ("SUNY-Albany") violated the First Amendment by using an advisory student referendum to determine how to allocate funds from a mandatory student activity fee among student organizations...

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