Galda v. Rutgers

I

I agree with the majority that PIRG’s objectives are in some sense political; I also share the majority’s implicit doubts about the wisdom of the Rutgers funding policy that is under review here. Nonetheless, I am impelled to dissent, for in my view, the First Amendment does not permit the courts to translate a determination that speech is political or that a university’s decision is unwise into a conclusion that an outlet for campus speech is unconstitutional and must be foreclosed. When a disagreement with the politics of a group or the wisdom of a policy is transformed into intrusive…