Maryland Public Interest Research Group v. Elkins, 77-1250
Decision Date | 21 November 1977 |
Docket Number | No. 77-1250,77-1250 |
Citation | 565 F.2d 864 |
Parties | MARYLAND PUBLIC INTEREST RESEARCH GROUP, Appellees, v. Wilson H. ELKINS, Individually and as President of the University of Maryland, Robert Gluckstern, Individually and as Chancellor of the College Park Campus University of Maryland, Board of Regents of the University of Maryland, B. Herbert Brown, Hugh A. McMullen, Samuel H. Hoover, L. Mercer Smith, William G. Connelly, N. Thomas Whittington, Jr., Mary H. Broadwater, Hon. Young D. Hance, Edward V. Hurley, Louis L. Kaplan, Peter F. O'Malley, Judith S. Sachwald, John C. Scarbath, Hon. Joseph D. Tydings, Individually and as Members of the Board of Regents of the University of Maryland, Appellants. |
Court | U.S. Court of Appeals — Fourth Circuit |
Steven P. Resnick, Asst. Atty. Gen., Baltimore, Md. , for appellants.
Girardeau A. Spann (Alan B. Morrison, Washington, D. C., Gary Howard Simpson, Bethesda, Md., on brief), for appellees.
Before BRYAN, Senior Circuit Judge, and RUSSELL and HALL, Circuit Judges.
This First Amendment 1 case questions the right of the Board of Regents, the governing body of the University of Maryland, College Park Campus, to forbid a recognized student organization to use its share of the institution's required student-activities-fees for purposes of litigation. 2
The organization, styled the Maryland Public Interest Research Group (MaryPIRG), was accorded official standing at the University "to advocate the public interest in areas of concern to students enrolled in the College Park Campus". Sponsored projects are those designed to enhance the educational experience of its volunteers through participation in investigation, study and exposition of current social problems among the student body as well as the people generally. Among others, these comprehended unjust apartment rents, discriminatory employment practices, secrecy of Government papers, public health research and official misconduct of public and University officials. It is staffed not only by students but also with attorneys who provide the counselling where legal matters are implicated. In its areas, MaryPIRG pleads, it needs resort to the courts for substantive relief advancing its goals, particularly in seeking information from Governmental agencies.
The group received the approval of the Student Government Association (SGA), the agency responsible for advising the University on allocations of the student-activities-fees. SGA receives a budget from each student activity detailing the funds desired for pursuit of its enterprises. This submission, after evaluation by SGA, is passed on to the Regents for approval, modification or rejection.
Beginning in the 1974-75 academic year, MaryPIRG asked for an allowance by SGA to include moneys for "project expenses" consisting of litigation costs. The request was granted in a reduced sum. Thereafter the Regents approved the SGA recommendation, "on the condition that (MaryPIRG) not use any of the funds so appropriated to pay litigation expenses". This limitation has continued in subsequent years, although larger amounts have been allocated to MaryPIRG for its general aims.
Suit was commenced by MaryPIRG in December 1975 challenging the litigation restriction as trenching upon its "first amendment rights to free expression and association, and to petition the government for a redress of grievances", with the last including, as it does, access to the courts. 3 While other sanctuaries were alleged as invaded, these issues were not reached by the trial court and are not presented on this appeal. The President of the University and the Board of Regents, as well as the other concerned defendants answered, denying the incursion and explaining that MaryPIRG was not denuded of its right to litigate, but only barred from using in that way funds derived from the University. Furthermore, in response it maintained that the restriction squared with the University's obligation to all students: to expend funds only for educational purposes.
With no factual dispute before him, the District Judge summarily upheld MaryPIRG's claimed First Amendment grievances and enjoined enforcement of the litigation exclusion, apparently relying on Perry v. Sindermann, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972). On the defendants' appeal, we conclude that the University acted within its prerogatives, without "abridging" the plaintiff's privileges, and not contrary to the law of Sindermann.
Freedom to sue has not been denied MaryPIRG by the Board's resolve. Only the direction of State funds to that end has been withdrawn; otherwise it may go to court unreservedly. Moneys received as gifts, contributions or from other sources, such as "several Maryland campuses", may be devoted to such ends as MaryPIRG may wish. Actually the restriction is not a bar practically, for the record reveals that there are in truth such outside funds available and reasonably to be anticipated. The sum sought of the University for this purpose was budgeted at $1,760.00 in the academic year when the limitation was enacted and this suit begun. At the same time the overall request was for $37,997.00, of which SGA approved $25,437.00. Of this...
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