lamb chapel center moriches sch argued february decided june new york law authorizes local school boards adopt reasonable regulations permitting use school property specified purposes including meetings religious purposes pursuant law respondent school board district issued rules regulations allowing inter alia social civic recreational uses schools rule prohibiting use group religious purposes rule district refused two requests petitioners evangelical church pastor church use school facilities film series family values childrearing ground film series appeared church filed suit district claiming district actions violated among things first amendment freedom speech clause granted summary judgment district appeals affirmed reasoned school property limited public forum open designated purposes remained nonpublic except specified purposes ruled exclusion church film reasonable viewpoint neutral held denying church access school premises exhibit film series violates freedom speech clause pp question district may legally preserve property control need permitted use uses permitted state law need address issue whether rule opening property wide variety communicative purposes opened property religious uses even district opened property uses rule unconstitutionally applied case access nonpublic forum based subject matter speaker identity long distinctions drawn reasonable cornelius naacp legal defense ed fund rule treats religions religious purposes alike make application case however discriminates basis viewpoint permitting school property used presentation views family issues child rearing except dealing subject religious standpoint denial basis plainly invalid holding cornelius supra government violates first amendment denies access speaker solely suppress point view espouses otherwise includible subject pp permitting district property used exhibit film series establishment religion test articulated lemon kurtzman since film series shown school hours sponsored school open public realistic danger community think district endorsing religion particular creed benefit religion church incidental widmar vincent anything record support claim exclusion justified ground allowing access radical church lead threats public unrest violence addition appeals judgment based justification proffered access rules purpose promote interests general public rather sectarian private interests moreover express finding church application granted absent religious connection beside point purposes opinion concerned validity stated reason denying application namely film series appeared pp white delivered opinion rehnquist blackmun stevens souter joined kennedy filed opinion concurring part concurring judgment post scalia filed opinion concurring judgment thomas joined post jay alan sekulow argued cause petitioners briefs keith fournier mark troobnick james henderson thomas patrick monaghan walter weber john stepanovich john hoefling argued cause respondents brief respondents center moriches union free school district et al ross paine masler robert abrams attorney general new york filed brief respondents pro se brief jerry boone solicitor general lillian cohen jeffrey slonim assistant attorneys general briefs amici curiae urging reversal filed solicitor general starr assistant attorney general gerson deputy solicitor general roberts edward dumont anthony steinmeyer lowell sturgill american civil liberties union et al david remes jeremy gunn steven shapiro john powell elliot mincberg american federation labor congress industrial organizations robert weinberg laurence gold walter kamiat christian legal society et al kimberlee wood colby steven mcfarland bradley jacob karon owen bowdre concerned women america et al wendell bird david myers national jewish commission law public affairs nathan lewin dennis rapps rutherford institute james knicely john whitehead jay worona pilar sokol louis grument filed brief new york state school boards association et al amicus curiae urging affirmance justice white delivered opinion new york educ law mckinney supp authorizes local school boards adopt reasonable regulations use school property specified purposes property use school purposes among permitted uses holding social civic recreational meetings entertainments uses pertaining welfare community meetings entertainment uses shall nonexclusive shall open general public list permitted uses include meetings religious purposes new york appellate trietley board ed buffalo app div ruled local boards allow student bible clubs meet school property eligious purposes included enumerated purposes school may used section deeper life christian fellowship sobol appeals second circuit accepted trietley authoritative interpretation state law furthermore attorney general new york supports trietley appropriate approach deciding case pursuant empowerment local school districts board center moriches union free school district district issued rules regulations respect use school property use school purposes rules allow purposes authorized social civic recreational uses rule use political organizations secured compliance rule rule however consistent judicial interpretation state law provides school premises shall used group religious purposes app pet cert issue case whether background state law violates free speech clause first amendment made applicable fourteenth amendment deny church access school premises exhibit public viewing assertedly religious purposes film series dealing family childrearing issues faced parents today petitioners church lamb chapel evangelical church community center moriches pastor john steigerwald twice church applied district permission use school facilities show film series containing lectures doctor james dobson brochure provided request district identified dobson licensed psychologist former associate clinical professor pediatrics university southern california author radio commentator brochure stated film series discuss dobson views undermining influences media counterbalanced returning traditional christian family values instilled early stage brochure went describe contents six parts series district denied first application saying film appear therefore request must refused app second application permission use school premises showing film series described movie christian perspective denied using identical language church brought suit district challenging denial violation freedom speech assembly clauses free exercise clause establishment clause first amendment well equal protection clause fourteenth amendment cause action church alleged actions undertaken color state law violation district granted summary judgment respondents rejecting church claims respect free speech claim first amendment district characterized district facilities limited public forum noted enumerated purposes allowed access school facilities include religious worship instruction rule explicitly proscribes using school facilities religious purposes church conceded showing film series religious purposes district stated limited public forum opened particular type speech selectively denying access activities genre forbidden noting district opened facilities organizations similar lamb chapel religious purposes district held denial case hence violation freedom speech clause ibid district also rejected assertion church denying application demonstrated hostility religion advancement nonreligion justified establishment religion clause first amendment appeals affirmed judgment district respects held school property use school purposes neither traditional designated public forum rather limited public forum open designated purposes classification allows remain nonpublic except specified uses observed exclusions forum need reasonable ruled denying access church purpose showing film violate standard holding questionable decisions granted petition certiorari principal part challenged holding contrary free speech clause first amendment ii question district like private owner property may legally preserve property control use dedicated cornelius naacp legal defense ed fund perry ed assn perry local educators postal service council greenburgh civic greer spock adderley florida also common ground district need permitted use property uses permitted educ law district however open property uses permitted church argued rule rules issued district school property used social civic recreational purposes district opened property wide variety communicative purposes restrictions communicative uses property subject constitutional limitations restrictions traditional public forums parks sidewalks hence view subject matter speaker exclusions district property required justified compelling state interest narrowly drawn achieve end see perry supra cornelius supra district appeals rejected submission also presented argument considerable force district property heavily used wide variety private organizations including presented close question appeals resolved district favor whether district fact already opened property religious uses need rule issue however even courts correct respect shall assume present purposes judgment must reversed respect public property designated public forum open indiscriminate public use communicative purposes said ontrol access nonpublic forum based subject matter speaker identity long distinctions drawn reasonable light purpose served forum cornelius citing perry education supra appeals appeared recognize total ban using district property religious purposes survive first amendment challenge excluding category speech reasonable conclusion case rule met test agree holding rule unconstitutionally applied case appeals thought application rule case applied way uses school property religious purposes religions uses religious purposes treated alike rule however answer critical question whether discriminates basis viewpoint permit school property used presentation views family issues childrearing except dealing subject matter religious standpoint suggestion courts district state lecture film childrearing family values use social civic purposes otherwise permitted rule subject matter one district placed limits speakers indication record us application exhibit particular film series involved denied reason fact presentation religious perspective view denial basis plainly invalid holding cornelius supra al though speaker may excluded nonpublic forum wishes address topic encompassed within purpose forum member class speakers whose special benefit forum created government violates first amendment denies access speaker solely suppress point view espouses otherwise includible subject district respondent save judgment ground permit property used religious purposes establishment religion forbidden first amendment suggested widmar vincent interest state avoiding establishment clause violation may compelling one justifying abridgment free speech otherwise protected first amendment went hold permitting use university property religious purposes open access policy involved incompatible establishment clause cases trouble widmar disposing claimed defense ground posited fears establishment clause violation unfounded showing film series school hours sponsored school open public church members district property repeatedly used wide variety private organizations circumstances widmar realistic danger community think district endorsing religion particular creed benefit religion church incidental widmar supra permitting district property used exhibit film series involved case establishment religion test articulated lemon kurtzman challenged governmental action secular purpose principal primary effect advancing inhibiting religion foster excessive entanglement religion district also submits justifiably denied use property radical church purpose proselytizing since lead threats public unrest even violence brief respondent center moriches union free school district et al nothing record support justification event difficult defend reason deny presentation religious point view subject district otherwise opens discussion district property note attorney general new york state respondent rely either establishment clause possible danger public peace supporting judgment rather submits exclusion justified purpose access rules promote interests public general rather sectarian private interests light variety uses district property permitted rule approach difficulties particularly since rule district property may used social civic recreational use nonexclusive open residents school district form homogeneous group deemed relevant event app pet cert least arguably rule require permitted uses need open public large however may basis judgment reviewing appeals understand ruled district power permit exclude certain subject matters entitled deny use religious purpose including purpose case attorney general also defends permissible subject matter exclusion rather denial based viewpoint submission already rejected attorney general also argues express finding church application granted absent religious connection fact beside point purposes opinion concerned validity stated reason denying church application namely film series sought shown appeared reasons stated opinion judgment appeals reversed footnotes shortly first requests church applied permission use school rooms sunday morning services sunday school hours specified time period one year beginning next month within days district wrote petitioner application requesting use high school sunday services denied citing educ law district rule barring uses religious purposes church challenge denial courts validity denial us turn heart toward home available series six films father looks back emphasizes swiftly time passes appeals parents turn hearts toward home childrearing years minutes power parenting young child begins exploring inherent nature power offers many practical helps facing battlegrounds childrearing bedtime mealtime confrontations familiar parents dobson also takes look areas conflict marriage adult relationships minutes power parenting adolescent discusses relationships importance allowing children grow develop individuals dobson also encourages parents free undeserved guilt teenagers choose rebel minutes family fire views family context today society civil war values waged dobson urges parents look effects governmental interference abortion pornography get involved preserve care families minutes overcoming painful childhood includes shirley dobson intimate memories difficult childhood alcoholic father dobson recalls influences brought loving god saw personal circumstances heard cries help minutes heritage presents dobson powerful closing remarks speaks clearly convincingly traditional values properly employed defended assure happy healthy strengthened homes family relationships years come minutes app petition also presses claim church rejected courts rejection application exhibit film series violated establishment clause rule categorical refusal permit district property used religious purposes demonstrate hostility religion reverse another ground need decide merit submission might support case district church presented following sampling uses permitted rule new age religious group known mind center southern harmonize gospel singers salvation army youth band hampton council churches billy taylor concert center moriches nursery school quilting bee manorville humane society chinese auction moriches bay power squadron unkechaug dance group paul gibson baseball clinic moriches bay civic association moriches chamber commerce town fair day center moriches drama club center moriches music award associations amahl night visitors saint john track field program girl scouts suffolk ounty cub scouts pack boy scout troop church claimed first three uses listed demonstrated rule actually permitted district property used religious purposes well great assortment uses first item listed particularly interesting relevant issue us district referred item lecture series mind center purportedly new age religious group appeals described follows lecture series psychology unknown jerry huck sponsored center moriches free public library library newsletter characterized huck psychotherapist discuss topics parapsychology transpersonal psychology physics metaphysics night series lectures huck testified lectured principally parapsychology defined reference human unconscious mind unconscious emotional system body system asked whether lecture involved matters spiritual scientific nature huck responded science anything speak based parapsychology analytic quantum physicists sic although incidental reference religious matters apparently made lectures huck characterized matters fascinating sideline purpose lecture although appeals apparently held rule reasonable well uttered word support reasonableness holding rule held unreasonable held facially invalid might held rule circumstances applied religious speech religious communicative conduct view disposition case need pursue issue somewhat diverted justice scalia evening cinema post return reality proper way inter established decision lemon however frightening might overruled case like corporation presiding bishop church jesus christ saints amos presents occasion justice scalia apparently less haunted ghosts living joined opinion case justice kennedy concurring part concurring judgment given issues presented well apparent unanimity conclusion overt discrimination contradicts speech clause first amendment substantial showing potential establishment clause violation agree justice scalia citation lemon kurtzman unsettling unnecessary said use phrase endorsing religion see ante indicated elsewhere suffice rule decision consistent precedents traditions part jurisprudence see allegheny county american civil liberties union greater pittsburgh chapter opinion concurring judgment part dissenting part observations concur part concur judgment justice scalia justice thomas joins concurring judgment join conclusion district refusal allow use school facilities petitioners film viewing generally opening schools community activities violates petitioners first amendment free speech rights mckinney supp extent compelled district denial see ante also agree allowing lamb chapel use school facilities poses realistic danger violation establishment clause ante accept reasoning regard explains showing petitioners film school property school hours cause community think district endorsing religion particular creed notes access school property violate test articulated lemon kurtzman ante invocation lemon test like ghoul horror movie repeatedly sits grave shuffles abroad repeatedly killed buried lemon stalks establishment clause jurisprudence frightening little children school attorneys center moriches union free school district recent burial last term sure fully six feet decision lee weisman conspicuously avoided using supposed test also declined invitation repudiate years however fewer five currently sitting justices opinions personally driven pencils creature heart author today opinion repeatedly sixth joined opinion see weisman supra scalia joined inter alios thomas dissenting allegheny county american civil liberties union greater pittsburgh chapter kennedy concurring judgment part dissenting part corporation presiding bishop church jesus christ saints amos concurring judgment wallace jaffree rehnquist dissenting white dissenting school dist grand rapids ball white dissenting widmar vincent white dissenting new york cathedral academy white dissenting roemer board pub works white concurring judgment committee public educ religious liberty nyquist white dissenting secret lemon test survival think easy kill scare us audience wish command return tomb see lynch donnelly noting instances applied lemon test wish strike practice forbids invoke see aguilar fenton striking state remedial education program administered part parochial schools wish uphold practice forbids ignore entirely see marsh chambers upholding state legislative chaplains sometimes take middle course calling three prongs helpful signposts hunt mcnair docile useful monster worth keeping around least somnolent state one never knows one might need part agree long list constitutional scholars criticized lemon bemoaned strange establishment clause geometry crooked lines wavering shapes intermittent use produced see choper establishment clause aid parochial schools update marshall know see establishment mcconnell accommodation religion rev kurland religion clauses burger cath cord separation church state choper religion clauses first amendment reconciling conflict decline apply lemon whether validates invalidates government action question therefore join opinion today join yet another reason statement proposed use school facilities constitutional among things signal endorsement religion general ante strange notion constitution gives religion general preferential treatment refer free exercise clause forbids endorsement religion general attorney general new york agrees strange notion explanation religious advocacy writes serves community eyes adherents yields benefit already believe brief respondent attorney general view adopted constitution believed public virtues inculcated religion public good suffices point summer process drafting first amendment congress enacted northwest territory ordinance confederation congress adopted article iii provides religion morality knowledge necessary good government happiness mankind schools means education shall forever encouraged unsurprisingly indifference religion general cases old recent demand see zorach clauson state encourages religious instruction cooperates religious authorities adjusting schedule public events sectarian needs follows best traditions walz tax new york city upholding property tax exemption church property lynch constitution affirmatively mandates accommodation merely tolerance religions anything less require callous indifference said never intended citations omitted precedents plainly contemplate th occasion advancement religion result governmental action marsh supra corporation presiding bishop church jesus christ latterday saints amos exemption religious organizations certain provisions civil rights act correctly notes ante joined opinion corporation presiding bishop church jesus christ latterday saints amos considered lemon test lacking majority time abandon lemon necessarily focused test exclusive basis lower judgment course lower mention lemon indeed even address establishment clause argument behalf respondents thus ultimately correct presiding bishop provides useful comparison impossible avoid lemon unnecessary inject lemon