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ROSENBERGER v. RECTOR AND VISITORS OF U. OF VA.

Civ. A. No. 91-0036-C.

795 F.Supp. 175 (1992)

Ronald W. ROSENBERGER, as a member of Wide Awake Productions, et al., Plaintiffs, v. The RECTOR AND VISITORS OF the UNIVERSITY OF VIRGINIA, et al., Defendants.

United States District Court, W.D. Virginia, Charlottesville Division.

May 20, 1992.

Attorney(s) appearing for the Case

James R. Murray, Jackson R. Sharman, III, Covington & Burling, Washington, D.C., George H. Dygert, George H. Dygert & Assoc., Charlottesville, Va., Michael P. McDonald, Center for Individual Rights, Washington, D.C., for plaintiffs.

Mary Sue Terry, Atty. Gen., Caroline L. Lockerby, Asst. Atty. Gen., Office of Atty. Gen., Richmond, Va., James J. Mingle, Sp. Asst. Atty. Gen., University of Virginia, Charlottesville, Va., for defendants.

MEMORANDUM OPINION

MICHAEL, District Judge.

In this case, the court is asked to resolve the difficult question of whether a "student activities fund," comprised of mandatory student fees, constitutes a limited public forum. For the reasons set forth below, the court concludes that the answer to this riddle is "no."

I.

In September of 1990, plaintiff Ronald W. Rosenberger, an undergraduate student...

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