Lackie v. Students United
Case Attorney: Nicholas Nelson and Allie Howell
Lackie v. Students United challenges a policy requiring students at Minnesota State universities to pay mandatory fees to Students United, a private political organization that advocates on public policy issues.
The Upper Midwest Law Center (UMLC), together with the Liberty Justice Center (LJC), filed the lawsuit on behalf of Tayah Lackie, a student at St. Cloud State University who objected to being forced to financially support political advocacy as a condition of attending a public university.
Background
Under policies established by the Minnesota State Colleges and Universities Board of Trustees, students at the state’s seven universities are automatically required to pay fees that fund Students United. The organization regularly engages in political advocacy on issues such as higher education funding, state policy proposals, and other public policy debates.
Because the fees are mandatory and collected through the university system, students cannot opt out of financially supporting the organization—even if they disagree with its positions.
Lackie discovered that a portion of the tuition and fees she worked hard to pay at St. Cloud State University was being directed to Students United without her consent.
The Lawsuit
In May 2024, UMLC and the Liberty Justice Center filed a lawsuit against:
- Students United
- St. Cloud State University
- The Minnesota State Colleges and Universities Board of Trustees
The lawsuit argues that forcing students to fund political advocacy violates the First Amendment’s protections against compelled speech and association.
The case draws on principles recognized by the U.S. Supreme Court in Janus v. AFSCME, which held that individuals cannot be forced to financially support political speech with which they disagree.
Court’s Decision
In an early ruling, the Minnesota District Court dismissed Lackie’s claims against St. Cloud State University and the Minnesota State Board of Trustees.
However, the court allowed the claims against Students United to move forward.
The court concluded that although Students United is formally a private organization, it may qualify as a state actor for constitutional purposes because:
- State law grants the organization a special right to receive mandatory student fees
- The organization works closely with the government to collect those fees through the public university system
Because of this relationship with the government, Students United can potentially be held accountable under the First Amendment.
Current Status
Following the court’s ruling, the case is proceeding to discovery, where evidence will be gathered regarding Students United’s relationship with Minnesota State universities and the structure of its mandatory funding.
UMLC and the Liberty Justice Center continue to pursue the case to ensure that students are not forced to financially support political advocacy against their will.