Smith v. Regents of the University of California

This appeal comes to us after remand proceedings conducted pursuant to the Supreme Court’s directive in Smith v. Regents of University of California (1993) 4 Cal.4th 843, 867-868 [ 16 Cal.Rptr.2d 181 , 844 P.2d 500 ], certiorari denied 510 U.S. 863 [ 114 S.Ct. 181 , 126 L.Ed.2d 140 ] (Smith), on whether mandatory student fees may be used to support the political activities of the Associated Students of the University of California (ASUC) Senate. The trial court found that the burden on dissenting students’ speech and associational rights is justified by the educational value of the student political activity. We affirm that decision.

Facts .

We need not repeat the facts and procedural history already recited by the Supreme Court. ( Smith, supra, 4 Cal.4th at pp. 848-851.) For our purposes it is sufficient to note that the ASUC is the organization responsible for administration and management of student government and student extracurricular activities on the Berkeley campus. The student government is administered through the ASUC Senate, a body of 30 elected student representatives which operates on a legislative model.

The ASUC Senate meets weekly during the school…