Galda v. Rutgers, 84-5498
| Decision Date | 11 October 1985 |
| Docket Number | No. 84-5498,84-5498 |
| Parties | , 27 Ed. Law Rep. 683 Joseph P. GALDA, Paul Ewert, Kristina Farrow Cypel, Thomas H. Odom, Joseph Randall Corman, Lori Keeley, Leslie Beebe, Leonard Scott Kelter, Edward D. Wickham, and Christopher Lepre, Individually, and upon behalf of all others similarly situated, Appellants v. RUTGERS, The State University of New Jersey, Dr. Edward J. Bloustein, Individually, and as President of Rutgers, The State University of New Jersey, Dr. Norman Reitman, Individually, and as Chairman of the Board of Governors of Rutgers, The State University of New Jersey, Donald S. MacNaughton, David A. Werblin, Katherine Elkus White, Donald M. Dickerson, Sanford M. Jaffe, Robert Kaplan, Edward Kramer, Linda Stamato, Robert J. Torricelli, Mary White Bell, as members of the Board of Governors of Rutgers, The State University of New Jersey, and Walter K. Gordon, Individually and as Dean of Rutgers Camden College of Arts and Sciences, The New Jersey Public Interest Research Group, Inc., Intervenor. |
| Court | U.S. Court of Appeals — Third Circuit |
Joseph W. Marshall, III (argued), Myrna P. Field, Philadelphia, Pa., for appellants; Bradford S. Smith, Cinnaminson, N.J., of counsel.
Gregory B. Reilly, (argued), Eric Tunis, Lowenstein, Sandler, Brochin, Kohl, Fisher, John Cary Sims, (argued), David C. Vladeck, Alan B. Morrison, Washington, D.C., for intervenor New Jersey Public Interest Research Group, Inc.
Boylan & Meanor, Roseland, N.J., for appellees.
Before ADAMS, WEIS, and WISDOM, * Circuit Judges.
The plaintiff students contend that a mandatory fee imposed on them by a university for the specific purpose of supporting an independent organization whose aims they oppose is an infringement on their First Amendment rights. The district court held that the funding procedure was permissible because the outside organization contributed to the education of its student members. We conclude that because the educational component is only incidental to the organization's ideological objectives, the educational benefits are not adequate to overcome the constitutional objections. Consequently, we will vacate the district court's judgment and direct that collection of the mandatory fee be enjoined.
In an earlier appeal in this litigation we reversed a summary judgment in favor of defendants. Galda v. Bloustein, 686 F.2d 159 (3d Cir.1982) (Galda I ). On remand, the district court held a two week bench trial. After filing extensive findings of fact and conclusions of law, the court entered judgment for the defendants. Galda v. Rutgers, 589 F.Supp. 479 (D.N.J.1984).
This suit for injunctive relief was brought under 42 U.S.C. Sec. 1983 by current and former students at Rutgers Camden College of Arts and Sciences, a unit of Rutgers, the State University of New Jersey. Plaintiffs asserted that their First Amendment rights were violated by the University's imposition of a mandatory, refundable fee for the specific purpose of supporting the New Jersey Public Interest Research Group (PIRG).
The New Jersey PIRG has members at a number of other college campuses in New Jersey. It is an independent, non-profit corporation, controlled by a board of student representatives at the state-wide level. It maintains a paid staff consisting of a director, one part-time and six full-time employees.
PIRG is politically nonpartisan, but participates in state legislative matters and actively engages in research, lobbying and advocacy for social change. Its staff and student members have lobbied for a federal student assistance act, the Equal Rights Amendment, a nuclear weapons freeze, and the enactment of the Pine Lands Preservation Act. PIRG also opposed the construction of the Tocks Island Dam on the Delaware River.
In addition, members of the organization drafted proposed legislation mandating a study of energy production in New Jersey and testified in opposition to an increase in utility rates before an administrative agency. PIRG members have researched and published documents on a number of other consumer and environmental issues. The organization also provides internships for students who receive academic credit for the work they perform. 1
Because PIRG is an organization independent of the University, it is ineligible to receive money from the general student activities fee. It has, however, qualified for financial support under the Rutgers "neutral funding policy." To do so PIRG was required to submit a "concept plan" to the University outlining the organization's educational value. Following administration approval, the next step was to participate in an election where PIRG was required to obtain the vote of at least 25% plus one of the student body on a particular campus. The neutral funding policy also requires that the votes must represent a majority of the ballots actually cast.
PIRG's concept plan has received the University's approval in each of the three-year periods in which it was submitted, and it has been successful in securing the necessary affirmative votes in most of the student referenda.
As a result of PIRG's qualification under the Rutgers' funding procedures, each student enrolled at a particular campus must pay a mandatory fee of $3.50 to PIRG. In a twelve year period, the organization received more than $800,000 in this fashion and currently receives over $100,000 per year from the mandatory assessment. A student who does not wish to support PIRG is required to request a refund, which is generally returned several months later.
In the first proceeding, without exploring the plaintiffs' contentions, the district court granted summary judgment for defendants, holding that since the fee was refundable, there had been no constitutional infringement. Galda v. Bloustein, 516 F.Supp. 1142 (D.N.J.1981). On appeal from that ruling, we held that the refund provision was not adequate and on that record even a temporary exaction of the PIRG fee from plaintiffs could not be justified. Galda I, 686 F.2d at 169. We remanded because there was a genuine issue of material fact on whether assessment of the fee infringed the plaintiffs' constitutional rights.
At trial PIRG's organizational structure was developed in some detail. In essence, the court found that the group's policies were made by the state board of student directors, which also had the authority to hire and discharge the salaried executive director. In addition to an executive director, PIRG hires a paid staff that manages the day-to-day operations of the organization.
Plaintiffs produced three expert witnesses who testified that PIRG operates as a political action group and its purpose is to "pursue change in the political process." One expert opined that PIRG "consistently represents and adheres to a liberal ideology and views American society as covertly oppressive." Another of the plaintiffs' experts conceded that he "could not quantify PIRG's political and non-political activities" and that many of its projects were non-ideological.
Defendants produced four experts, including the President of Rutgers, who testified to what they believed were the educational benefits to the students participating in PIRG. These included "learning to advocate and thoroughly learning their adversary's position in order to rebut them", forcing students to "publicly campaign and promote an organization", providing an opportunity "to investigate, research, write, and advocate their positions before governmental agencies," providing "students with leadership opportunities," and "teaching students to function as citizens." 589 F.Supp. at 493-94.
A number of faculty members as well as current and former students testified about their participation in PIRG activities. The students noted that their experiences included public speaking, learning the use of a law library, and developing interest in a public service, governmental career which some followed after graduation. The faculty members talked favorably about the opportunity for, and close supervision of, internships.
One faculty member spoke especially about the "stream walking" phase of the environmental project for clean streams. In this activity, participants walked along water courses in search of illegal polluters who were then reported to the Environmental Protection Agency. The court found this to be a major activity. Faculty members testified that the stream walking program was valuable because of the students' opportunity to learn about the environment and governmental process.
The defense witnesses did not dispute that PIRG took positions on political as well as ideological issues and worked actively to advance them. An examination of PIRG's financial documents by a certified public accountant as well as an independent review by the district court established that it was not possible to "numerically quantify 'political' and 'educational' components of PIRG."
The district court found that Rutgers "has made a carefully reasoned decision that PIRG is a valuable educational adjunct to the more traditional classroom activities." PIRG had 589 F.Supp. at 495.
In passing on the experts' testimony, the court stated that to the extent the parties differ "about the nature of PIRG and its contributions to the university community, the court finds there exists some difference of opinion in the academic community." But, the court concluded, "PIRG has a very substantial educational component, and its presence at Rutgers significantly...
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