This section contains the nature of the case and procedural background.

Southworth (Respondents) are a group of students at the University of Wisconsin. They brought a First Amendment challenge to a mandatory student activity fee. The University has required full-time students enrolled at its Madison campus to pay a nonrefundable activity fee. The activity fee amounted to $331.50 per year. Respondents alleged that imposition of the segregated fee violated their rights of free speech, free association, and free exercise under the First Amendment. They contended the University must grant them the choice not to fund those RSO's that engage in political and ideological expression offensive to their personal beliefs. On cross-motions for summary judgment, the District Court ruled in their favor. The District Court decided the fee program compelled students 'to support political and ideological activity with which they disagree' in violation of respondents' First Amendment rights to freedom of speech and association. The District Court's order enjoined the board of regents from using segregated fees to fund any RSO engaging in political or ideological speech. The Court of Appeals concluded that the program was not germane to the University's mission, did not further a vital policy of the University, and imposed too much of a burden on respondents' free speech rights.

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