State Institutions and Mediating Structures

Rick nicely answered Rob's question to me about seeing state law schools as mediating structures.  My concern is to avoid adopting a construction of "academic freedom" or "associational rights" for state universities that undercuts the well established constitutional prohibitions on a state university discriminating by viewpoint against student groups (Widmar v. Vincent) and perhaps other entities (which might include recruiters; that's a separate question).  Again, while state institutions have a number of features of mediating institutions, they are different from private mediating institutions in that they are preferentially funded by compulsory taxes, giving them a state-enforced competitive position in the marketplace.  Thus, state institutions shouldn't simply be (and usually aren't) equated with private institutions, which is what the Third Circuit did.

Tom