Purpose Over Perception: Distinguishing Status from Viewpoint in a University’s Limited Public Forum

Authors

• Haleigh J. Bachman

Abstract

In nearly every university, cultural centers and student organizations quietly provide tangible, essential support: one student finds a community to celebrate his shared heritage; another student finds guidance after struggling to obtain her necessary accommodations in class; an international student rehearses for a cultural showcase that will be the highlight of his semester. These spaces provide community, safety, and a sense of belonging that classrooms and lecture halls often do not. Nevertheless, public universities often face challenges in allocating physical space and funding resources to student organizations— particularly to those supporting cultural and affinity groups. On one hand, universities can reserve their property for designated uses and create forums serving specific purposes. On the other hand, the First Amendment prohibits viewpoint discrimination even within these limited spaces. The Eighth Circuit encountered this dichotomy in Viewpoint Neutrality Now! v. Board of Regents of the University of Minnesota, where a student organization alleged that the University of Minnesota-Twin Cities’ (“the University”) allocation of prime lounge spaces in its student union to nine cultural centers violated the First Amendment by favoring certain viewpoints over others.

Recommended Citation

Haleigh J. Bachman, Purpose Over Perception: Distinguishing Status from Viewpoint in a University’s Limited Public Forum, 91 Mo. L. Rev. ()
Available at: https://scholarship.law.missouri.edu/mlr/vol91/iss2/10