Legal Essay

In Perry Educators' Ass'n v. Perry Local Educators' Ass'n, 460 U.S. 37 (1983), the Court indicated that the extent of free speech refines depended on the personality of the forum, whether what was composite was a traditional national forum, a moderate public forum, or a nonpublic forum. In a limited public forum, the government may limit the right of private parties to have nettle to and to discourse on public property. Since the School's policy was to limit access for certain purposes, Justice Clarence doubting doubting Thomas for the majority assumed (because the parties so stipulated) that its building in this circumstance was a limited public forum. Justice Thomas reiterated a rule which the Court had enunciated in several previously stubborn cases, namely, as Justice Anthony Kennedy stated for the majority in Rosenberger v. University of Virginia, 515 U.S. 879 (1995), " disparity against speech because of its message [or specific viewpoint] is presumed to be unconstitutional." See also Lamb's Chapel v. Center Moriches Sch. Dist., 508 U.S. 384 (1993).

Reasoning of the Majority. Thomas argued that the speech winding in Good News was akin to the film in Lamb's Chapel which dealt with the teaching of family values and childrearing from a Christian viewpoint. hither he said what was involved was merely "the teaching of morality and character, from a spiritual standstill." The method of teaching, livestorytelling and prayer, v. film, were different notwithstanding Thomas strand such a government note

Lemon v. Kurtzman, 403 U.S. 602 (1971).

Luchenitzer, Alex J. "Case Analysis Good News ennead v. Milford

Reasoning of the Majority.

Thomas institute no such introduce because (1) the Club was not seeking the School's endorsement of its religion but only "to be treated neutrally and given access to speak about the same topics as are other groups;" (2) no compulsion by the state was involved because parental accept was required; (3) the fact that principal(a) school children were involved earlier than University students as in Lamb's Chapel and Rosenberger is irrelevant because the Court had never before given significance to such a distinction in Establishment clause cases; and (4) Thomas denied that Establishment Clause jurisprudence should be extended to proscribe a group's religious activity "on the basis of what the youngest members of the audience might misperceive."

The majority's finale in Good News, Luchenitzer pointed out, "merely applies legal principles set forwards in prior Supreme Court decisions." Viewpoint favoritism in violation of the Club's free speech rights was clearly involved since only it as a religious group was denied access and denied the ability to express its viewpoint from a Christian standpoint on matters relating to the upbringing and education of children. Although a close research is presented by the extension of the Lamb's Chapel and Rosenberger type-reasoning to a case involving elementary school children for the first time, the existence of a parental go for requirement removed either uncertainty as to whether any undue coercion was involved. In Lee v. Weisman, 506 U.S. 577 (1992), the Court found by a five to four margin that it was unconstitutional under the Establishment clause for a public school to permit a non-denominational prayer to be given at a high school graduation ceremony. There, attendance by students at their graduation was voluntary but the Court found there was a strong element of subtle, indirect coercion on the st
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