Brief

Good News Club et al. v. Milford Central School

99-2036 (2001)

1. Facts of the case

Milford Central School authorized the use of its buildings for community uses after school.  The Good News Club is a private Christian organization which was denied access because it planned religious worship.

2. Allegations of the case

The facts constituted that denial of the club's application violated its free speech rights under the First and Fourteenth Amendments.

3. Issues of law to be resolved

The court must determine whether the policy to deny the use of facilities to groups involved in religious activities constitutes neutrality or if that policy is actually hostile toward such groups.

4. The court's holding

The court held that Milford Central School violated the club's free speech rights when it excluded the club from meeting after hours at the school.

5. The court's reasoning

The power to restrict exists with limits but must not discriminate against speech based on viewpoint.  Further, denying the club access to the school's forum based on the fact that the club was religious in nature constituted discrimination against the club because of its religious viewpoint.  This, the court stated, is in violation of the Free Speech Clause.

6. The court's order

The previous courts ruling is reversed and the case is remanded to the lower court.

7.  The principles involved

The state must neither promote nor prohibit the free exercise of religion.  Therefore, the school, because it is a state agency, cannot restrict religious expression in situations where other groups are allowed to express themselves.  This would amount to hostility toward religion rather than neutrality.

8.  The implications of the case

The decision indicates that courts will not allow state agencies to deny access to religious groups based on the religious content of their meetings.  This implies that hostility toward religion will not be construed as religious neutrality.

9. Functions of government affected

Functions of state government may be affected because schools must understand that when establishing an open forum, all groups must be allowed equal access.  Additionally, schools may feel a necessity to reconsider not only who should be granted access to state buildings, but also whether or not to support an open forum.