The University of Virginia assesses each full-time student a $14 per semester activities fee. Those fees are provided to a Student Activities Fund that, among other things, pays off-campus businesses to print publications prepared by 15 "student news, information, opinion, entertainment, or academic communications media groups." The Fund denied a request from students who published a Christian magazine. In doing so, the Fund relied on its guidelines, which do not permit the funding of religious activities. The trial court and appellate court, for slightly different reasons, held that the Fund's denial did not constitute unconstitutional discrimination against the Christian magazine. A public university is under no obligation to provide benefits or facilities to student groups. Once it chooses to do so, however, it may not discriminate among the recipients of those benefits based upon the viewpoint of their speech. Lamb's Chapel v. Center Moriches Union Free School Dist., 508 U.S. 384 (1993). At the same time, a public university, like all other agencies of the government, may not impose a tax or fee in order to support religious activity. Roemer v. Board of Public Works of Md., 426 U.S. 736 (1976).

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