EDITORIAL Court’s ruling gives cause to rethink fees In a 5-2 decision last week, the California Supreme Court ruled that using student fees to fund political or ideological organizations was unconstitutional. Although the decision itself carries no weight in Ore gon. it's founded on a U.S. Supreme Court ruling con cerning the use of members' fees collected by state bar associations. The California case was brought to court in 1979 by students at the University of California at Berkeley who protested the use of student fees to fund organizations they considered to be partisan rather than educational. The state Supreme Court said using student fees for a partisan organization implied consent on the part of the students paying the fees, even when some students oppose the organization. This was tantamount to compelling speech in favor of the organization by students-who opposed it. and "com pelled speech offends the First Amendment, just as do restrictions on speech.” To compel speech, the govern ment must have-“a sufficiently compelling intorest." according to ;ho court. The court said the rule would apply when a group's efforts to achiove its political or ideological goals "begins to outweigh any legitimate claim it may have to be educating students on the University’s behalf." Organizations whose primary activity is lobbying for causes off-campus are considered non-educationai. As an example, the court citod a similar Now York case concerning student funding for NYPIRG, the New York equivalent of OSPIRG, that said any educational bene fits "vanish when NYPIRG money is spent in the halls of the state legislature." On this basis, the court applied its ruling to 14 Berke ley student associations, including Amnesty Interna tional, Campus N.O.W., Campus Abortion Rights Action League, Gay and Lesbian League, UC Sierra Club and Greenpeace Berkeley. At this University, there a several similar organiza tions that would be threatened by such a lawsuit. They include Amnesty International, Oregon Student Lobby, OSPIRG, Students Against Apartheid. Student Cam paign for Disarmament. Students for Choice, Lesbian Gay and Bisexual Alliance, and the LJnited States Stu dont Association. The ruling does not altogether eliminate funding through student fees, but rather requires the university to offer refunds to students based on the percentage of their fees that went to the group or groups they oppose. Although there is no immediate threat to University groups, the potential is only a lawsuit away, especially in these times of rising tuition and fees and diminishing state support. And with the supporting federal prece dent, which was followed by the California court, such a suit would likely be successful. It would be wise for the ASUO. the IFC and the administration to sit down now and consider new methods for funding student groups before tho cost of defending such lengthy litigation is incurred. Oregon Daily Emerald Nmi Editor Graphics Editor Entertainment EdHor The Oregon 0mly Emerald * pubirahed daey Monday through Enday during tha school year and Tuesday and Thursday dunng Via summer by the Oregon DaJ» E mat aid Pubfesh mg Co Inc. p Via University o> Oregon. Eugene. 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Sale* Atonagers Shawn Barvan. Oftce Manager Jana uora Teresa laabeBa. Prvfcp Johnson It Chns Keno« Jeremy Maaon. van V OByan 11 Gasan Oh. Rachael True. Angm WmcTwm Brum Wmdnerm Classified Peggy McGam Manager Harry Logan. Sharon Sauve Distribution Rebecca Brooks. Knal> Van Gordw Anthony Wynn Business: Kathy Carbone. Supervisor Judy Connolly Production: IngreJ White. ProdUceon Coo-dwaro- Austin* Granger Dee MeCobb Stecy Mitchell. Janrvter Roland. Jennifer Smith. Anne Stephenson Newsroom....... *4*4611 Display Advertising 34S-J7I2 Business Office..S46-5512 Ctosalhed Advartlatng X4-A3A3 w wonw ftwcre > jewoowc i ' (>Mf**GN - *ND NO* j she woNTirmswxt IN THE HOUSE ' J £ IN >S^VSir LETTERS Self-defense The actions of several men in Eugene and three marines nationally show us that some people are still violently direct ing their hate, fear and igno rance against gay. lesbian and bisexual people. Each day we fat e the possibility that we may lie attacked, beaten and maybe killed for the person whom we love and have sex with, We do not have to stand for the physical assaults focused at us. Nor should we walk in fear or bong our heads low in shame for who we are The l.esbian Gay and Bisexual Alliance is offering .> way to learn how to be more assertive in our defense nd to defend our solve ms! the brutality that may In- inerted against us A woikshop for gays, lesbians and bisexuals will take place Saturdii J ob 13 from 10 a.in. to 2 p.m and Feb 14 from 12 pm. to 4 p.m. in Room 77 Esslinger Hall The workshop is free and will include instruc tion on avoiding conflict and defending yourself in the event of violence. Uoyda French and Nadia Telsey will he instructing the two-day course The contact person is Sean Sloane, and he can be reached at 345-1039 or 346-1142. We hope to see you there so we can begin learning to take an active role in our defense. Benjamin T. Novlngar Sean Sloane LGBA volunteers Carson joke I was at tin- Student Senate meeting Feb 2 that confirmed Kd Carson to the Incidental Fee Committee scut and found it to lie quite a joke For one thing, the IFC open ing was not advertised before the nomination. During the meeting. ASUO President Bobby Lee said he supports affirmative-action guidelines when appointing people and suggested it should be written into the constitution. That way they would have to notify stu dents of position openings so everyone has the opportunity to apply. It is hypocritical to sup port a policy you don't follow I also was surprised that stu dent questions to Carson were not allowed because they were thought of after the floor was closed to the senate only. I understand some policy is nec essary to keep things flowing, but Carson will be a part of the committee that decides where all student funds will 1m* going All students should t>e allowed to have their say. The biggest joke of the meet ing was Carson himself, lie denied being racist, sexist or homophobic. He said he believed no group should have special opportunities that other students don't have, flow- then can he accept the nomination when he knows lie had an opportunity that no other stu dent had, but deserved' Michael Lum English Urination repiy We were amused after read ing Adam Brat land's letter 'Uri nation Breakdown” (ODE . Feb 2) ll does, however, clearly illustrate a point we have long suspected — some people expect to be told everything. From our earliest held trips in first grade, we were either told where tiie restrooms were or we found them ourselves — before we were in dire need Crow up. Bratland should look for a restroom before he’s desperate By the way, in Heady Hall there are two men's bathrooms (one on the top floor, one on the basement floor), two women's bathrooms (one on the top floor, one on 1M), and a unisex bath room on the first floor that any one an use by standing in line How Bratland got to the top floor and couldn't find the men's bathroom is beyond us. And another thing — many women do not use the unisex bathroom because many men who use it either leave the lid up or leave it "wet." Because it is a unisex bathroom, those who use it should leave it so anyone (3n use it Jo Gibson Russian Scott MacDonald Math GTF Get serious Dynorriflc? Please. On Thurs day, Feb. 4, the Emerald ran a typically uninformative and embarrassing article on the sport of rock, climbing. "On the Rocks" was an extremely mea ger attempt to portray a spur! that is based on knowledge of safety and climbing ethics, not on a style of clothing (“brightly colored commandos") or absurd statements of enthusiasm. Perhaps crimpomatic or cara binorrifie could be used in an equally ridiculous follow-up. Instead of a page full of redun- * dant pictures of "mellow” dudes clinging to the columns, maybe it would better serve the reader by including some infor mation on proper procedure Even a photo essay should pro vide at least a reference to a source of more information, i.e. The Outdoor Program (34H 4365) The author is unnamed, but he should remember that plac ing protection is used to protect the climber from hitting the ground — technique and ability "protei ts the climber from falling." Kendall Cook Pre-business Carson no joke When 1 am denied the oppor tunity to attend the University and fulfill my obligations as an Incidental Fee Committee mem ber because I can't afford the rising costs of higher education. I get a little angry. And when I'm replaced by the managing editor of the Oregon Commenta tor, which has historically and recently expressed very homo phobic. racist and misogynist views. I get even more angry. Commentator articles that stick out in my mind include stories on Saferide and sexual assault report forms. Both sto ries ridiculed the seriousness of rape and blamed the survivors of sexual assault. The parody on Saferide was titled "RamRod" and described a similar service run by men who used it to rape female passengers. I didn't think that was too funny. 1 know Carson didn't write these articles, but silly me. I connect them with him. the managing editor. And then I find out there was no opportunity for others to even apply for the open IFC position. No advertisement, no job announcements, nothing. 1 know there are students on this campus who are more qualified then Carson to fill this position But I may not be "right." and we never will find out because equal opportunity does not exist at tne very exclusive Uni versity. Barbara Rodgers Eugene