Rosenberger v. Rector & Visitors of the University of Virginia case brief

Rosenberger v. Rector & Visitors of the University of Virginia case brief summary

515 U.S. 819 (1995)

CASE SYNOPSIS

Writ of certiorari granted from an order of the United States Court of Appeals for the Fourth Circuit which affirmed a grant of summary judgment in favor of respondent state university in an action alleging Speech and Establishment Clause violations.

CASE FACTS
Petitioner students brought an action against respondents alleging U.S. Constitutional Amendment Iviolations for respondents' refusal to authorize payment to a third-party contractor for the printing costs of petitioners student publication.


DISCUSSION

• On review, the Supreme Court held that the respondents discriminated on the basis of religious editorial viewpoints, not religion itself. 
• The Court held that the petitioners sought funding as a student journal, an enterprise supported by the student activity fund (SAF). 
• Additionally, the Court held that petitioners' disbursement request was for payment to a private contractor for the printing costs of materials that are protected under the First Amendment. 
• Thus, the Court reversed the grant of summary judgment in favor of respondents because respondents Establishment Clause concern did not warrant denying payment to the third-party contractor.

CONCLUSION
Order of summary judgment in favor of respondents was reversed because respondents' refusal to pay a third-party contractor for printing costs of petitioners' student publication, based on its religious editorials was not supported by Establishment Clause concerns.

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