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2015 Op. Or. Att'y Gen. 1 (2015)

handle is hein.sag/sagor0083 and id is 1 raw text is: ELLEN F, ROSENBLUM FREDERICK M. BOSS AlTORNEY GENERAL DEPUTY Al IORNEY GENERAL DEPARTMENT OF JUSTICE Justice Building 1162 Court Street NE Salem, Oregon 97301-4096 Telephone: (503) 378-4400 June 30, 2015 No. 8289 In 1985, we issued an opinion concerning the use of student incidental fees, which all students at Oregon public universities were required to pay to fund extracurricular activities, The opinion addressed whether those fees could fund student organizations that would use them to engage in specific types of political or ideological advocacy. 44 Op Atty Gen 448 (1985). Since then, both the Oregon law authorizing the fees and the analysis that applies to assessing the constitutionality of using those fees for political purposes has changed. In light of those developments, we have been asked us to revisit our 1985 opinion and advise whether its conclusions should still be relied on. This opinion is limited to that question and does not attempt to answer the original questions under the current state of the law.2' Below, we set out the question and our short answer, followed by a discussion of the 1985 opinion, the developments since then, and how those developments affect the continuing validity of conclusions in our 1985 opinion. QUESTION PRESENTED Do statutory and case law developments since 1985 affect the analysis used in the 1985 opinion such that any or all of its conclusions no longer should be relied on? ANSWER GIVEN Yes. Given those developments, the following conclusions should no longer be relied on: 1. That ORS 260.432 forbids providing student incidental fees to organizations that, through the expenditure of the received funds, will support or oppose ballot measures before Oregon voters; 2. That constitutional constraints prohibit providing student incidental fees to an organization that, through the use of received funds, will intervene or participate in any campaign, endorse or oppose a candidate, or take a position on an issue in an election campaign for the purpose of assisting or opposing a candidate; and, 3. That student incidental fees may fund organizations' political or ideological speech activities only if the program is under the supervision or control of the board and if I;

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