SUNY--Albany Students File Lawsuit Over Funding

On Tuesday December 14, 2004 the New York chapter of Collegians for a Constructive Tomorrow (CFACT NY) filed suit against the Student Association of the University of Albany, State University of New York. The suit was filed in U.S. Federal District Court-Northern division.

In 2003 the leadership of CFACT NY went before the University of Albany Student Association to ask that the same equal rights that are given to the New York Public Interest Research Group (NYPIRG) be given to their organization. They also requested that the University comply with the constitutionally required “viewpoint neutrality,” which in practice means access to the referendum with NYPIRG for funding, and to be allowed equal funding as protected under the Southworth (529 U.S 217{2000}) and Rosenberger (515 U.S. 819{1995}) cases both decided by the United States Supreme Court.

The NYPIRG chapter at the University of Albany currently receives $106,000 from mandatory student activity fees, while CFACT – a group distinguished from NYPIRG primarily by its viewpoint on public policy issues – is not given access to the referendum. The lawsuit filed is to seek redress of this failure and to protect University of Albany students from viewpoint discrimination.

CFACT NY is a recognized student organization (RSO) at the University of Albany, State University of New York. CFACT NY is a non-for profit student run organization with a membership of over 100 students. Its main goal is to educate students on issues, including but not limited to environmental public policy, the constitutional role of government, the democratic process; education and educational choice; family issues such as divorce, abortion, adoption, and child care; economic issues such as budget and tax policy, economic growth, free enterprise; as well as national defense, foreign policy, international trade, promotion of social welfare, and related topics.