westside community bd ed mergens argued january decided june westside high school public secondary school receives federal financial assistance permits students join voluntary basis number recognized groups clubs meet school hours school premises citing establishment clause school board policy requiring clubs faculty sponsorship petitioner school officials denied request respondent mergens permission form christian club privileges meet terms conditions westside student groups except faculty sponsor board voted uphold denial respondents current former westside students brought suit seeking declaratory injunctive relief alleged inter alia refusal permit proposed club meet westside violated equal access act prohibits public secondary schools receive federal assistance maintain limited open forum denying equal access students wish meet within forum basis religious political philosophical content speech meetings reversing district entry judgment petitioners appeals held act applied forbid discrimination respondents proposed club basis religious content act violate establishment clause held judgment affirmed affirmed justice delivered opinion respect parts concluding petitioners violated equal access act denying official recognition respondents proposed club pp act provides among things limited open forum exists whenever covered school grants offering opportunity one noncurriculum related student groups meet school premises equal access obligation therefore triggered even school allows one noncurriculum related group meet pp although act define crucial phrase noncurriculum related student group term best interpreted light act language logic nondiscriminatory purpose congress intent provide low threshold triggering act requirements mean student group directly relate body courses offered school group directly relates school curriculum group subject matter actually taught soon taught regularly offered course subject matter concerns body courses whole participation group required particular course results academic credit whether specific group noncurriculum related therefore depend particular school curriculum determination subject factual findings well within competence trial courts make pp westside existing student clubs include one noncurriculum related student group foregoing standard example subsurfers club students interested scuba diving group since subject matter taught regularly offered course directly relate curriculum whole way student government similar group might participation required course result extra academic credit thus school maintained limited open forum act prohibited discriminating based content students speech students wish meet school premises noninstructional time pp westside denial respondents request form religious group constitutes denial equal access school limited open forum although school apparently permits respondents meet informally school seek equal access form official recognition allows clubs part student activities program carries access school newspaper bulletin boards public address system annual club fair since denial recognition based religious content meetings respondents wish conduct within school limited open forum violates act justice joined chief justice justice white justice blackmun concluded part iii equal access act face applied westside contravene establishment clause logic widmar vincent applied test lemon kurtzman hold equal access policy state university level violate clause applies equal force act pp act face grants equal access secular religious speech meets secular purpose prong test act primary effect advancing religion crucial difference government private speech endorsing religion congress recognized passing act high school students mature enough likely understand school endorse support student speech merely permits nondiscriminatory basis moreover act expressly limits participation school officials student religious group meetings requires meetings held noninstructional time thereby avoids problems students emulation teachers role models mandatory attendance requirements might otherwise indicate official endorsement coercion although possibility student peer pressure remains little risk government endorsement coercion formal classroom activities involved school officials actively participate pp westside risk excessive entanglement government religion complying act since act provisions prohibit faculty monitors participating nonschool persons directing controlling regularly attending school sponsorship religious meetings indeed denial equal access might well create greater entanglement problems form invasive monitoring prevent religious speech meetings might occur pp justice kennedy joined justice scalia agreeing act violate establishment clause concluded since accommodation religion mandated act neutral one context case suffices inquire whether act violates either two principles first government give direct benefits religion degree fact establishes state religion religious faith tends county allegheny american civil liberties union greater pittsburgh chapter kennedy concurring judgment part dissenting part incidental benefits accompany official recognition religious club act criteria lead establishment religion standard see widmar vincent second government coerce student participate religious activity cf county allegheny supra act also satisfies standard since nothing face facts case demonstrates enforcement pressure students participate activity pp justice marshall joined justice brennan although agreeing act applied westside withstand establishment clause scrutiny concluded inclusion christian club type forum presently established school without assure government neutrality toward religion pp introduction religious speech public schools reveals tension free speech establishment clauses failure school stand apart religious speech convey message school endorses rather merely tolerates speech thus particular vigilance shown monitoring compliance establishment clause elementary secondary schools see edwards aguillard must extend monitoring actual effects equal access policy pp plurality misplaces reliance widmar vincent light substantially different character student forum issue widmar state university maintained independent forum affording many ideological organizations access school facilities took concrete steps assure university name identified policies programs student group emphasized autonomy students contrast westside currently recognize student group advocates controversial viewpoint explicitly promotes student clubs vital part total educational program means developing citizenship shaping character inculcating fundamental values moreover absence clubs highly controlled environment provides fertile ground peer pressure circumstances westside failure disassociate activities goals christian club poses real danger viewed students endorsing religious activity pp thus westside must take steps fully disassociate christian club religious speech avoid appearing sponsor endorse club goals example entirely discontinue encouraging student participation clubs clarify clubs instrumentally related school overall mission westside sought continue general endorsement clubs engage controversial speech also affirmatively disclaimed endorsement christian club pp allen daubman argued cause petitioners briefs verne moore marc stern amy adelson jay alan sekulow argued cause private respondents brief douglas davis robert skolrood douglas veith charles rice solicitor general starr argued cause brief acting assistant attorney general schiffer deputy solicitor general roberts anthony steinmeyer briefs amici curiae urging reversal filed american jewish committee et al samuel rabinove richard foltin lee boothby people american way william weissman david danner susan liss league et al richard shevitz ruti teitel meyer eisenberg jeffrey sinensky steven freeman jill kahn national school boards association gwendolyn gregory august steinhilber thomas shannon briefs amici curiae urging affirmance filed baptist joint committee public affairs et al douglas laycock samuel ericsson forest montgomery oliver thomas brent walker wilford kirton catholic league religious civil rights nancy gannon concerned women america jordan lorence cimron campbell wendell bird christian advocates serving evangelism wendell bird knights columbus kevin baine kevin hasson rutherford institute et al john whitehead southern center law ethics albert jordan catholic conference mark chopko john liekweg tara lynn burr et al michael mcconnell robert hale michael woodruff kimberlee colby edward mcglynn gaffney thomas hill robert cynkar david white richard collin mangrum pro se david moshman andrew ekonomou briefs amici curiae filed campus crusade christ robert thompson specialty research associates thomas patrick monaghan justice delivered opinion except part iii case requires us decide whether equal access act stat prohibits westside high school denying student religious group permission meet school premises noninstructional time whether act construed violates establishment clause first amendment respondents current former students westside high school public secondary school omaha nebraska time suit filed school enrolled students included grades school year ninth graders added westside high school part westside community schools system independent public school district petitioners board education westside community schools district wayne meier president school board james findley principal westside high school kenneth hanson superintendent schools school district james tangdell associate superintendent schools school district students westside high school permitted join various student groups clubs meet school hours school premises students may choose approximately recognized groups voluntary basis list student groups together brief description provided school appears appendix opinion school board policy concerning student clubs organizations recognizes student clubs vital part total education program means developing citizenship wholesome attitudes good human relations knowledge skills app board policy also provides club shall faculty sponsorship clubs organizations shall sponsored political religious organization organization denies membership basis race color creed sex political belief app board policy recognition religious beliefs customs requires tudents adhering specific set religious beliefs holding little belief shall alike respected app addition board policy recognizes students freedom expression consistent authority board app written school board policy concerning formation student clubs rather students wishing form club present request school official determines whether proposed club goals objectives consistent school board policies school district mission goals broadly worded blueprint expresses district commitment teaching academic physical civic personal skills values january respondent bridget mergens met westside principal findley requested permission form christian club school proposed club privileges meet terms conditions westside student groups except proposed club faculty sponsor according students testimony trial club purpose among things permit students read discuss bible fellowship pray together membership voluntary open students regardless religious affiliation findley denied request associate superintendent tangdell february findley tangdell informed mergens discussed matter superintendent hanson agreed request denied school officials explained school policy required student clubs faculty sponsor proposed religious club religious club school violate establishment clause march mergens appealed denial request board education board voted uphold denial respondents parents next friends brought suit district district nebraska seeking declaratory injunctive relief alleged petitioners refusal permit proposed club meet westside violated equal access act prohibits public secondary schools receive federal financial assistance maintain limited open forum denying equal access students wish meet within forum basis content speech meetings respondents alleged petitioners actions denied first fourteenth amendment rights freedom speech association free exercise religion petitioners responded equal access act apply westside act apply violated establishment clause first amendment therefore unconstitutional intervened action pursuant defend constitutionality act district entered judgment petitioners held act apply case westside limited open forum defined act westside student clubs concluded tied educational function school rejected respondents constitutional claims reasoning westside limited public forum set forth widmar vincent westside denial respondents request reasonably related legitimate pedagogical concerns see hazelwood school dist kuhlmeier appeals eighth circuit reversed appeals held district erred concluding existing student clubs westside curriculum related appeals noted broad interpretation advanced westside school officials make equal access act meaningless allow school arbitrarily deny access school facilities unfavored student club basis speech content exactly result congress sought prohibit enacting act appeals instead found student clubs whs including chess club accordingly found westside maintained limited open forum act appeals concluded act applied forbi discrimination respondents proposed club basis religious content ibid appeals rejected petitioners contention act violated establishment clause noting act extended decision widmar vincent supra public secondary schools appeals concluded ny constitutional attack act must therefore predicated difference secondary school students university students omitted congress considered difference maturity level secondary students university students passing act appeals held basis congress factfinding act violate establishment clause ibid granted certiorari affirm ii widmar vincent supra invalidated free speech grounds state university regulation prohibited student use school facilities purposes religious worship religious teaching held equal access policy violate establishment clause decision lemon kurtzman particular held policy secular purpose primary effect advancing religion result excessive entanglement government religion widmar noted however niversity students course young adults less impressionable younger students able appreciate university policy one neutrality toward religion congress extended reasoning widmar public secondary schools equal access act public secondary school limited open forum prohibited discriminating students wish conduct meeting within forum basis religious political philosophical content speech meetings specifically act provides shall unlawful public secondary school receives federal financial assistance limited open forum deny equal access fair opportunity discriminate students wish conduct meeting within limited open forum basis religious political philosophical content speech meetings act specifies school shall deemed offer fair opportunity students wish conduct meeting within limited open forum school uniformly provides meetings voluntary student initiated sponsored school government agents employees materially substantially interfere orderly conduct educational activities within school directed controlled conducted regularly attended nonschool persons sponsorship defined mean act promoting leading participating meeting assignment teacher administrator school employee meeting custodial purposes constitute sponsorship meeting meetings religious employees agents school government may attend nonparticipatory capacity moreover state may influence form religious activity require person participate activity compel school agent employee attend meeting content speech meeting contrary person beliefs finally act authorize deny withhold federal financial assistance school limit authority school agents employees maintain order discipline school premises protect students faculty assure attendance students meetings voluntary parties agree westside high school receives federal financial assistance public secondary school within meaning act app act obligation grant equal access student groups therefore triggered westside maintains limited open forum permits one noncurriculum related student groups meet campus classes unfortunately act define crucial phrase noncurriculum related student group immediate task therefore one statutory interpretation begin course language statute see mallard district southern district iowa james common meaning term curriculum whole body courses offered educational institution one branches webster third new international dictionary see also black law dictionary ed set studies courses particular period designated school branch school cf hazelwood school dist kuhlmeier high school newspaper produced part school journalism class part curriculum sensible interpretation noncurriculum related student group must therefore anchored notion student groups related body courses offered school difficult question degree unrelatedness curriculum required group considered noncurriculum related act definition sort meeting must accommodated statute sheds light question term meeting includes activities student groups directly related school curriculum emphasis added congress use phrase directly related implies student groups directly related subject matter courses offered school fall within noncurriculum related category therefore considered curriculum related logic act also supports view namely student group one tangential attenuated relationship courses offered school purpose granting equal access prohibit discrimination religious political clubs one hand student groups act premised notion religious political club likely student group follows student group curriculum related must least direct relationship curriculum religious political club although phrase noncurriculum related student group nevertheless remains sufficiently ambiguous might normally resort legislative history see james supra find legislative history issue less helpful bill led act extensively rewritten series multilateral negotiations passed house reported committee senate committee reports shed light language actually adopted congressional debate subject legislators referred number different definitions thus petitioners respondents cite legislative history favoring interpretation phrase compare cong rec statement hatfield clubs really kind extension classroom ibid statement hatfield response question whether school districts full authority decide curriculum related way seek limit discretion see laycock equal access moments silence equal status religious speech private speakers nw rev think significant however act passed wide bipartisan majorities house senate reflects least consensus broad legislative purpose committee reports indicate act intended address perceived widespread discrimination religious speech public schools see pp language act indicates sponsors contemplated act merely validate status quo committee reports also show act enacted part response two federal appellate decisions holding student religious groups consistent establishment clause meet school premises noninstructional time see supra discussing lubbock civil liberties union lubbock independent school cert denied brandon guilderland bd cert denied supra broad reading act consistent views sought end discrimination allowing students meet discuss religion classes light legislative purpose think term noncurriculum related student group best interpreted broadly mean student group directly relate body courses offered school view student group directly relates school curriculum subject matter group actually taught soon taught regularly offered course subject matter group concerns body courses whole participation group required particular course participation group results academic credit think limited definition groups directly relate curriculum commonsense interpretation act consistent congress intent provide low threshold triggering act requirements example french club directly relate curriculum school taught french regularly offered course planned teach subject near future school student government generally relate directly curriculum extent addresses concerns solicits opinions formulates proposals pertaining body courses offered school participation school band orchestra required band orchestra classes resulted academic credit groups also directly relate curriculum existence groups school trigger act obligations hand unless school show groups chess club stamp collecting club community service club fell within description groups directly relate curriculum groups noncurriculum related student groups purposes act existence groups create limited open forum act prohibit school denying equal access student group basis content group speech whether specific student group noncurriculum related student group therefore depend particular school curriculum determinations subject factual findings well within competence trial courts make petitioners contend reading act unduly hinders local control schools school activities think schools school districts nevertheless retain significant measure authority type officially recognized activities students participate see hazelwood school dist kuhlmeier bethel school dist fraser first schools school districts maintain traditional latitude determine appropriate subjects instruction extent school chooses structure course offerings existing student groups avoid act obligations result prohibited act matters statutory interpretation ur task apply text improve pavelic leflore marvel entertainment group second act expressly limit school authority prohibit meetings materially substantially interfere orderly conduct educational activities within school cf tinker des moines independent community school act also preserves authority school agents employees maintain order discipline school premises protect students faculty assure attendance students meetings voluntary finally act applies public secondary schools receive federal financial assistance school district seeking escape statute obligations simply forgo federal funding although doubt cases may unrealistic option congress clearly sought prohibit schools discriminating basis content student group speech obligation price federally funded school must pay opens facilities student groups dissent suggests extracurricular student organization noncurriculum related purpose part purpose advocacy partisan theological political ethical views post see also post act triggered school permits controversial distasteful groups use facilities post noncurriculum subjects properly included public school curriculum interpretation act told mandated congress intention track free speech clause jurisprudence post incorporating widmar notion limited public forum language act post suggestion flawed least two reasons first act neither uses phrase limited public forum much hints doctrine somehow incorporated words statute operative language statute course refers limited open forum term specifically defined next subsection congress presumably aware limited public forum used term art see perry ed assn perry local educators intended import concept act one suppose done explicitly indeed congress deliberate choice use different term define term mean intended establish standard different one established free speech cases see laycock nw statutory limited open forum artificial construct comparisons constitutional limited public forum cases misleading paraphrase dissent congress really intended incorporate widmar reasons administrative clarity congress kept intent well hidden statute debates preceding passage post second significant dissent reliance legislative history support interpretation act shows treacherous task dissent appears agree view legislative history act even relevant highly unreliable see post yet interpretation suggests rests solely passing general references legislators decision widmar see post think reliance legislative history hazardous best even sponsors bill knew meant post quoting laycock supra citation omitted reliance form reasonable basis interpret text statute example dissent appears place great reliance comment senator levin act extends rule widmar secondary schools see post senator levin understanding rule expressed breath statement dissent relies fails support dissent reading act see cong rec pending amendment allow students equal access secondary schools religious meetings school school generally allows groups secondary school students meet times emphasis added moreover number senators debate warned views stated reflect views see ibid troubled legislative history making statement chiles number statements made floor today may construed legislative history modifying understanding anyone understanding might bill statement denton thing said confidence senators may thought obligations act triggered school permits advocacy groups meet school premises noninstructional time conclusion course bear weight dissent places parties case focus dispute westside approximately voluntary student clubs interact service club related rotary international chess club subsurfers club students interested scuba diving national honor society photography club welcome westside club club introduce new students school future business leaders america zonta club female counterpart interact student advisory board student government student forum student government app petitioners contend student activities curriculum related goals particular aspects school curriculum welcome westside club example helps school overall goal developing effective citizens requiring student members contribute fellow students brief petitioners student government clubs advance goals school political science classes providing understanding appreciation government processes subsurfers furthers one essential goals physical education department enabling students develop recreational interests chess club supplement math science courses enhances students ability engage critical thought processes participation interact zonta club promotes effective citizenship critical goal whs curriculum specifically social studies department extent petitioners contend curriculum related means anything remotely related abstract educational goals however reject argument define curriculum related way results almost schools limited open fora way permits schools evade act strategically describing existing student groups render act merely hortatory see cong rec statement leahy limited open forum triggered school says explained allowing broad interpretation make act meaningless school administration simply declare maintains closed forum choose student clubs wanted allow tying purposes student clubs broadly defined educational goal time administration arbitrarily deny access school facilities unfavored student club basis speech content exactly result congress sought prohibit enacting act public secondary school simply declare maintains closed forum discriminate particular student group basis content speech group rather think clear westside existing student groups include one noncurriculum related student groups although westside physical education classes apparently include swimming see record tr preliminary injunction hearing counsel stated oral argument scuba diving taught regularly offered course school tr oral arg based westside description group subsurfers directly relate curriculum whole way student government similar group might app moreover participation subsurfers required course school result extra academic credit thus subsurfers noncurriculum related student group purposes act similarly although math teachers westside encouraged students play chess chess taught regularly offered course school tr oral arg participation chess club required class result extra credit class app chess club therefore another noncurriculum related student group westside moreover westside principal acknowledged trial peer advocates program service group works special education classes directly relate courses offered school required courses offered school see also participation peer advocates required course result extra credit course peer advocates therefore also fit within description noncurriculum related student group record therefore supports finding westside maintained limited open forum act although definition noncurriculum related student activities looks school actual practice rather stated policy note conclusion also supported school description student activities reprinted appendix opinion school band included regular curriculum choir course offered part curriculum distributive education extension distributive education class international club developed foreign language classes latin club designed students taking latin foreign language student publications includes classes offered preparation yearbook shield student newspaper lance dramatics extension regular academic class orchestra extension regular curriculum descriptions constitute persuasive evidence student clubs directly relate curriculum inference however fact descriptions student activities subsurfers chess include references strongly suggests clubs school admission directly relate curriculum therefore conclude westside permits one noncurriculum related student groups meet school premises noninstructional time westside maintains limited open forum act prohibited discriminating based content students speech students wish meet school premises noninstructional time remaining statutory question whether petitioners denial respondents request form religious group constitutes denial equal access school limited open forum although school apparently permits respondents meet informally school app respondents seek equal access form official recognition school official recognition allows student clubs part student activities program carries access school newspaper bulletin boards public address system annual club fair given act explicitly prohibits denial equal access students wish conduct meeting within school limited open forum basis religious content speech meetings hold westside denial respondents request form christian club denies equal access act rest conclusion statutory grounds need decide therefore express opinion whether first amendment requires result iii petitioners contend even westside created limited open forum within meaning act denial official recognition proposed christian club must nevertheless stand act violates establishment clause first amendment applied fourteenth amendment specifically petitioners maintain school recognized student activities integral part educational mission official recognition respondents proposed club effectively incorporate religious activities school official program endorse participation religious club provide club official platform proselytize students disagree widmar applied lemon test hold equal access policy university level violate establishment clause see applying lemon concluded policy including nondiscrimination religious speech secular purpose footnotes omitted fact avoid entanglement religion see university risk greater entanglement attempting enforce exclusion religious worship religious speech also found although incidental benefits accrued religious groups used university facilities result amount establishment religion first stated university forum confer imprimatur state approval religious sects practices indeed message one neutrality rather endorsement state refused let religious groups use facilities open others demonstrate neutrality hostility toward religion establishment clause license government treat religion teach practice simply virtue status subversive american ideals therefore subject unique disabilities mcdaniel paty brennan concurring judgment second noted university provision benefits broad spectrum groups nonreligious religious speakers important index secular effect think logic widmar applies equal force equal access act initial matter act prohibition discrimination basis political philosophical speech well religious speech sufficient basis meeting secular purpose prong lemon test see edwards aguillard normally deferential legislative articulation secular purpose mueller allen reluctan attribute unconstitutional motives particularly plausible secular purpose state program may discerned face statute congress avowed purpose prevent discrimination religious types speech undeniably secular see corporation presiding bishop church jesus christ saints amos committee public education religious liberty nyquist cf prohibiting employment discrimination grounds race color religion sex national origin even legislators motivated conviction religious speech particular valuable worthy protection alone invalidate act relevant legislative purpose statute possibly religious motives legislators enacted law act face grants equal access secular religious speech think clear act purpose endorse disapprove religion wallace jaffree quoting lynch donnelly concurring petitioners principal contention act primary effect advancing religion specifically petitioners urge student religious meetings held school aegis state compulsory attendance laws bring students together thereby provide audience student evangelists objective observer position secondary school student perceive official school support religious meetings see county allegheny american civil liberties union greater pittsburgh chapter establishment clause inquiry whether government convey attempt convey message religion particular religious belief favored preferred quoting wallace jaffree supra concurring part concurring judgment disagree first although invalidated use public funds pay teaching subjects parochial schools part risk creating crucial symbolic link government religion thereby enlisting least eyes impressionable youngsters powers government support religious denomination operating school school dist grand rapids ball crucial difference government speech endorsing religion establishment clause forbids private speech endorsing religion free speech free exercise clauses protect think secondary school students mature enough likely understand school endorse support student speech merely permits nondiscriminatory basis cf tinker des moines independent community school danger high school students symbolic speech implied school endorsement west virginia state bd ed barnette see generally note yale summarizing research adolescent psychology proposition schools endorse everything fail censor complicated articularly age massive media information years difference age high school college students justif departing widmar bender williamsport area school powell dissenting indeed note congress specifically rejected argument high school students likely confuse equal access policy state sponsorship religion see tudents college level capable distinguishing school sponsored religious speech one hand religious speech given deference due duly enacted carefully considered decision coequal representative branch government walters national assn radiation survivors see also rostker goldberg lightly legislative judgments particularly judgments based part empirical determinations second note act expressly limits participation school officials meetings student religious groups meetings must held noninstructional time act therefore avoids problems students emulation teachers role models mandatory attendance requirements edwards aguillard see also illinois ex rel mccollum board ed school dist champaign county release time program invalid students released part legal duty attend school upon condition attend religious classes sure possibility student peer pressure remains little risk official state endorsement coercion formal classroom activities involved school officials actively participate moreover petitioners fear mistaken inference endorsement largely school control impressions gives students extent school makes clear recognition respondents proposed club endorsement views club participants see widmar noting university student handbook university name identified aims policies opinions student organization members students reasonably understand school official recognition club evinces neutrality toward rather endorsement religious speech third broad spectrum officially recognized student clubs westside fact westside students free initiate organize additional student clubs see app counteract possible message official endorsement preference religion particular religious belief see widmar provision benefits broad spectrum groups important index secular effect although school may lead direct religious club school permits religious club meet school permits student group convey message state approval endorsement particular religion act school limited open forum may lawfully deny access jewish students club young democrats club philosophy club devoted study nietzsche extent religious club merely one many different voluntary clubs students perceive message government endorsement religion thus conclude act least face applied westside primary effect advancing religion see least absence empirical evidence religious groups dominate university open forum advancement religion forum primary effect petitioners final argument complying act requirements school risks excessive entanglement government religion proposed club petitioners urge required faculty sponsor charged actively directing activities group guiding leaders ensuring balance presentation controversial ideas petitioners claim influence club religious program entangle government surveillance religion type forbidden establishment clause act however faculty monitors may participate religious meetings nonschool persons may direct control regularly attend activities student groups moreover act prohibits school sponsorship religious meetings means school officials may promote lead participate meeting although act permits assignment teacher administrator school employee meeting custodial purposes custodial oversight religious group merely ensure order good behavior impermissibly entangle government surveillance administration religious activities see tony susan alamo foundation secretary labor indeed noted widmar denial equal access religious speech might well create greater entanglement problems form invasive monitoring prevent religious speech meetings speech might occur see accordingly hold equal access act face contravene establishment clause hold petitioners violated act decide respondents claims free speech free exercise clauses foregoing reasons judgment appeals affirmed ordered appendix opinion plaintiff trial exhibit student activities band activity included regular curriculum extensions activity include marching band ensembles pep band concert jazz band performances presentations programs presented throughout school year chess club activity interested playing chess opportunities play held school throughout school year cheerleaders girls sport cheerleader team made junior varsity varsity boys sport cheerleaders consist sophomores junior varsity varsity tryouts spirit groups held spring choir course offered part curriculum extensions class include boys girls glee warrior voices concert chamber choirs membership activities sic determined enrollment tryouts class officers voting selection junior senior class officers following year held spring students interested class officer need secure support willing make presentation class serve class officer capacity following year distributive education deca organization extension distributive education class membership activity offered students involved club current year formulated beginning school fall speech debate activity students interested participating competitive level speech debate season begins first week november continues march drill squad squires spirit groups primarily concerned performing half time football basketball games selection squads made spring school year marching units also support groups athletic teams future business leaders america fbla club designed students interested pursuing field business open student interest membership begins fall school year future medical assistants fma club designed students interest pursuing area medicine organization assists securing blood donations individuals westside high school red cross meetings held inform membership opportunities medical field memberships accepted beginning school fall interact boys volunteer organization associated rotary club america basic function volunteer work within community sic also support spirit group athletic teams membership open grade boys membership opportunities available fall school year international club club designed help students understand people countries developed foreign language classes french german spanish latin teachers encourage membership organization fall year sponsorship foreign students attend westside one sic major activities latin club junior classical league club designed students taking latin foreign language club competes competitive situations schools involved state competition well students opportunity join jcl beginning fall school year math club club student interested mathematics meetings held periodically school year student publications activity includes classes offered preparation yearbook shield student newspaper lance opportunities learn journalism provided students interested areas membership quill scroll extension student involvement school publications student forum homeroom elects one representative member student forum responsibility provide ideas make suggestions serve one informational group staff administration student government selections made membership fall school year dramatics activity extension regular academic class school plays plays musicals provided students interest ability areas tryouts productions announced prior selection individuals activities creative writing club organization provides students interest capability opportunity prose poetry writing club meets periodically throughout year publishes students work student interest encouraged become member photography club club student interest ability photography students opportunity take photos school activities dark room provided students use membership organization begins fall school year orchestra activity extension regular curriculum performances given periodically throughout year tryouts held special groups within orchestra students signed class opportunity try outdoor education activity opportunity interested students involved elementary school outdoor education program high school students used camp counselors leaders activity students solicited help work prior fall spring outdoor ed program swimming timing team offers interested student chance part timing team used competitive swimming season regular season meets invitational meets metro swim meet swimming activities volunteers work membership group solicited prior beginning competitive season student advisory board sab another facet student government members elected class represent student body elections held time class officers elected student opportunity submit name consideration intramurals offered westside students following times basketball begins latter part november continues february volleyball spring intramural activity announcements made students organize formulate teams prior beginning activities competitive athletics westside high school offers students opportunity try participate eighteen varsity sports different competitive teams available students grade level seasons offered procedures getting involved found warrior bulletin published distributed august prior opening school zonta club club volunteer club girls associated zonta international approximately one hundred junior senior girls involved volunteer organization eleventh twelfth grade students encouraged join fall school year subsurfers club designed students interested learning skin scuba diving practical applications sport opportunities classroom pool made available students involved activity membership solicited fall spring year welcome westside club organization students interested helping students new district westside high school activities held geared toward helping become part school curriculum activities wrestling auxiliary girls interested supporting competitive wrestling team membership solicited prior competitive wrestling season national honor society westside honor society chapter national organization bound rules regulations open seniors upper class westside practice general agreement local chapter inducted juniors upper class selection made upon scholarship also character leadership service committee meets selects students believe represent high qualities organization induction nhs held spring year justice kennedy justice scalia joins concurring part concurring judgment interpretation statutory term noncurriculum related groups proper correct view join parts ii opinion agree act violate establishment clause concur judgment view analytic premise controls establishment question differs employed plurality write explain join said part iii justice opinion brief initial comment statutory issue order student clubs recognized westside school officials far cry groups given official recognition university officials widmar vincent justice stevens points dissent one consequences statute interpret clubs controversial character might access student life high schools past given official recognition clubs conventional kind see post must apparent act made matter left discretion local school officials subject comprehensive regulation federal law decision however congress make subject constitutional limitations congress decided favor legislative intervention faced task formulating general statutory standards background protections free speech clause well establishment free exercise clauses given complexities jurisprudence areas doubt congressional task difficult one pretend language congress used act free ambiguity vital provisions interpretation phrase noncurriculum related seems rational indeed plausible interpretation available given words structure act constitutional implications subject addresses one structural feature statute noted opinion meetings religious employees agents school government may attend nonparticipatory capacity ante quoting based upon provision act nonparticipation one several statutory criteria school must meet order deemed offer fair opportunity students wish conduct meeting within limited open forum altogether clear however whether satisfaction criteria sole means meeting statutory requirement schools noncurriculum related student groups provide fair opportunity religious clubs although need answer today left open question whether school officials may prove compliance statute without satisfying criteria matter us school attempted comply statute means determine whether possible statute implemented constitutional manner ii agree plurality school complying statute satisfying criteria violate establishment clause accommodation religion mandated act neutral one context case suffices inquire whether act violates either one two principles first government give direct benefits religion degree fact establishes state religion religious faith tends county allegheny american civil liberties union greater pittsburgh chapter kennedy concurring judgment part dissenting part quoting lynch donnelly incidental benefits accompany official recognition religious club criteria set forth lead establishment religion standard see widmar supra second principle controlling case us view government coerce student participate religious activity cf county allegheny supra act consistent standard well nothing face act facts case presented demonstrates enforcement statute result coercion student participate religious activity act authorize school authorities require even encourage students become members religious club attend club meetings see meetings take place school session see act compel school employee participate attend club meetings activities see plurality uses different test one asks whether school officials complying act endorsed religion true government gives impermissible assistance religion said endorsed religion endorsement test word endorsement insufficient content dispositive reasons explained elsewhere see allegheny county supra literal application may result neutrality name hostility fact question government proper relation express religious preference think inevitable public high school endorses religious club commonsense use term club happens one many activities school permits students choose order development intellect character extracurricular setting constitutional violation occurs school action based upon recognition fact membership religious club one many permissible ways student personal enrichment inquiry respect coercion must whether government imposes pressure upon student participate religious activity inquiry course must undertaken sensitivity special circumstances exist secondary school line voluntary coerced participation may difficult draw coercion however shown exist necessary result statute either face respondents seek invoke facts case reasons join parts ii opinion concur judgment justice marshall justice brennan joins concurring judgment agree majority noncurriculum must construed broadly prohibit schools discriminating basis content student group speech ante majority demonstrates construction consistent congress intent provide low threshold triggering act requirements ante addition extent congress intended act track free speech jurisprudence dissent argues post majority construction faithful commitment nondiscriminatory access open fora public schools widmar vincent school allows clubs directly tied school curriculum use school facilities created forum generally open student groups therefore constitutionally prohibited enforcing exclusion student speech respect act construed majority simply codifies statute already constitutionally mandated schools may discriminate among groups seek access school facilities expressive purposes directly related school curriculum act low threshold triggering equal access however raises serious establishment clause concerns secondary schools fora differ substantially forum widmar required grant access student religious groups indeed applied present case act mandates religious group access forum dedicated promoting fundamental values citizenship defined school establishment clause forbid operation act circumstances require schools change relationship fora disassociate effectively religious clubs speech thus although agree plurality act applied westside withstand establishment clause scrutiny ante joined rehnquist white blackmun jj write separately emphasize steps westside must take avoid appearing endorse christian club goals plurality establishment clause analysis pays inadequate attention differences case widmar dismisses lightly distinctive pressures created westside highly structured environment case involves intersection two first amendment guarantees free speech clause establishment clause long regarded free open debate matters controversy necessary functioning constitutional system see police dept chicago mosley permit continued building politics culture assure individual people guaranteed right express thought free government censorship constitution requires toleration speech suppression less true nation schools see tinker des moines independent community school keyishian board regents univ hazelwood school dist kuhlmeier brennan dissenting constitution also demands state take action primary effect advancing religion see lemon kurtzman introduction religious speech public schools reveals tension two constitutional commitments failure school stand apart religious speech convey message school endorses rather merely tolerates speech recognizing potential dangers religious practice shown particular vigilan ce monitoring compliance establishment clause elementary secondary schools edwards aguillard see also wallace jaffree invalidating statute authorizing moment silence public schools meditation voluntary prayer illinois ex rel mccollum board ed school dist champaign county invalidating statute providing voluntary religious education public schools vigilance must extend monitoring actual effects equal access policy public schools perceived conferring imprimatur state religious doctrine practice result policy nominally neutral character policy save running afoul establishment clause addressed length potential conflict toleration endorsement religious speech widmar religious study group sought access university facilities university afforded officially recognized student groups including many political organizations circumstances concluded granting religious organizations similar access public forum neither purpose primary effect advancing religion plurality suggests conclusion widmar controls case ante plurality fails recognize independent character student forum widmar differs substantially forum westside westside currently recognize student club advocates controversial viewpoint indeed clubs westside trigger act involve scuba diving chess counseling special education students ante matter school policy westside encourages student participation clubs based broad conception educational mission see app ante mission comports acknowledgment public schools vitally important preparation individuals participation citizens vehicles inculcating fundamental values necessary maintenance democratic political system board education island trees union free school dist pico plurality quoting ambach norwick given nature function student clubs westside school makes effort disassociate activities goals student clubs entry religious clubs realm poses real danger clubs viewed part school effort inculcate fundamental values school message respect existing clubs one toleration one endorsement majority concedes program part district commitment teaching academic physical civic personal skills values ante although school may permissibly encourage students become well rounded constitution forbids schools encourage students become well rounded neutrality towards religion required constitution advanced requiring school endorses goals noncontroversial secular organizations endorse goals religious organizations well fact act triggered provides access political well religious speech ameliorate potential threat endorsement breadth beneficiaries act suggest act may satisfy secular purpose requirement establishment clause inquiry identified lemon supra see post stevens dissenting crucial question act affects school school already houses numerous ideological organizations addition religion club likely violate establishment clause risk students erroneously attribute views religion club school minimal extent school tolerates speech wide range ideological clubs students reasonably understand school endorse groups divergent contradictory views religion club sole group forum one limited number school continues promote program instrumental citizenship school failure disassociate religious activity reasonably understood endorsement activity political groups permitted participate forum school support encouragement devoted fostering student civic identity ameliorate appearance school endorsement unless invitation accepted forum transformed forum like widmar reason plurality reliance widmar misplaced university missouri took concrete steps ensure university name identified way aims policies programs products opinions organization members quoting university missouri student handbook westside contrast explicitly promotes student clubs vital part total education program means developing citizenship app university missouri recognized clubs young socialist alliance young democrats chess widmar westside recognized political clubs app different approaches student clubs embodied policies reflect significant difference establishment clause purposes respective roles westside high school university missouri attempt play students lives extent school emphasizes autonomy students university missouri corresponding decrease likelihood student speech regarded school speech conversely school westside regards student clubs mechanism defining transmitting fundamental values inclusion religious club school program almost certainly signal school endorsement religious practice thus underlying difference case widmar college high school students varying capacities perceive subtle differences toleration endorsement rather university missouri westside actually choose define respective missions different ways high schools tend emphasize student autonomy less universities may suggest high school administrators tend perceive difference maturity secondary university students school behavior purported immaturity high school students dispositive westside stood apart club program expressed view endorsed congress passage act high school students capable engaging discussion sensitive controversial speech inclusion religious groups westside forum confirm school commitment nondiscrimination though act requires school permit religious speech forum explicitly designed advance school interest shaping character students comprehensiveness access afforded act highlights establishment clause dangers posed act application fora westside holds fficial recognition allows student clubs part student activities program carries access school newspaper bulletin boards public address system annual club fair ante citing app students alerted meetings religion club public address system see religion club material posted official school bulletin board club notices school newspaper recruited join religion club club fair school variety ideological clubs widmar agree plurality student likely understand school endorse support student speech merely permits nondiscriminatory basis ante school religion club political ideological organizations however relatively fine distinction may lost moreover absence truly robust forum includes participation one group presence religious club provide fertile ground peer pressure especially club commanded support substantial portion student body indeed precisely school without forum intolerance different religious views dangerous student share religious beliefs classmates perceive religion particular religious belief favored preferred wallace jaffree concurring judgment plurality concedes possibility student peer pressure ante maintains amount official state endorsement ibid dismissal facile must remain sensitive especially public schools numerous subtle ways government show favoritism particular beliefs convey message disapproval others county allegheny american civil liberties union greater pittsburgh chapter concurring part concurring judgment government mandatory attendance laws brings students together highly controlled environment every day better part waking hours regulates virtually every aspect existence time quick dismiss problem peer pressure school environment nothing creating fostering state structured environment students holding mainstream views may able coerce adherents minority religions attend club meetings adhere club beliefs thus state disclaim responsibility resulting pressures ii given substantial risks posed inclusion proposed christian club within westside present forum westside must redefine relationship club program plurality recognizes redefinition necessary avoid risk endorsement construes act accordingly plurality holds act limits participation school officials meetings student religious groups ante citing requires religion club meetings held noninstructional time ibid citing also holds schools may sponsor religious meetings ante citing finally perhaps importantly plurality schools bear responsibility taking whatever steps necessary make clear recognition religious club reflect endorsement views club participants ante westside thus must merely prohibit faculty members actively participating christian club meetings must fully disassociate club religious speech avoid appearing sponsor endorse club goals example entirely discontinue encouraging student participation clubs clarify clubs instrumentally related school overall mission school sought continue general endorsement student clubs engage controversial speech also affirmatively disclaimed endorsement christian club iii inclusion christian club type forum presently established westside without assure government neutrality toward religion rather school endorses extracurricular program part educational mission inclusion christian club program convey students message involvement religion develops citizenship wholesome attitudes good human relations knowledge skills app need question value message affirm place schools issue accordingly schools westside must responsive broad terms act coverage also mandate effectively disassociate religious speech may become commonplace facilities majority today holds see ante joined rehnquist white blackmun jj infra establishment clause proscribes public schools conveying message religion particular religious belief favored preferred county allegheny american civil liberties union greater pittsburgh chapter quoting wallace jaffree concurring part concurring judgment even schools actually impos pressure upon student participate religious activity ante kennedy concurring part concurring judgment justice stevens dissenting dictionary necessary sometimes sufficient aid judge confronted task construing opaque act congress case like however believe must probe deeply avoid patently bizarre result congress really intended issue order every public high school nation stating substance sponsor chess club scuba diving club french club without formal classes subjects must also open doors every religious political social organization matter controversial distasteful views may think fair review legislative history equal access act act stat discloses congress intended recognize much narrower forum legislated existence today act basic design easily summarized public high school limited open forum must deny student group access forum basis religious political philosophical content speech group although consequences limited open forum thus quite clear definition forum less nevertheless considerable agreement difficulty must resolved correctly identifies three useful guides congress intent first text statute says school creates limited open forum allows meetings school premises noncurriculum related student groups concept ambiguous best ante second concept ambiguous statute must interpreted reference general purpose revealed overall structure legislative history see ante third act legislative history reveals congress intended guarantee student religious groups access high school fora comparable college forum involved widmar vincent ante common ground shared parties every appeals construed act fourth agreement seem follow three noncurriculum related ambiguous term must therefore interpreted light congressional purpose purpose congress ensure rule widmar applied high schools colleges incidence act case depend upon whether light widmar westside permit christian student group meet westside college characteristics college forum widmar thus provide useful background interpreting meaning undefined term noncurriculum related student groups step take accordingly part company decision widmar encompassed two constitutional holdings first interpreted free speech clause first amendment determine whether university missouri kansas city policies abdicated discretion otherwise make discriminations among student groups seeking meet campus agreed see also stevens concurring judgment next interpreted establishment clause first amendment determine whether university prohibited permitting religious groups participate forum agreed see also stevens concurring judgment extend widmar high schools require us pose two questions first ask whether high school established forum comparable free speech clause jurisprudence existed widmar question answered affirmatively need test constitutionality act asking whether establishment clause different consequences applied high school open forum applied college believe case first question must instead answered negative answer ultimately proves dispositive act constitutional considerations play forum westside considerably different existed university missouri widmar held university created generally open forum officially recognized student groups routinely participated forum included groups whose activities unrelated specific courses also kind state university properly sponsor endorse thus example included political organizations young socialist alliance women union young democrats see chess widmar university permitted use facilities speakers advocating transcendental meditation humanism since university allowed organizations speakers use campus facilities concluded university discriminate religious group basis content speech forum established state university accommodated participating groups noncurriculum related mirror school classroom instruction also advocated controversial positions state university obligation neutrality prevented endorsing opinion widmar left open question whether holding apply public high school established similar public forum question answered affirmative district appeals agree answer question answered judicially congress decided answer legislatively order preclude continued unconstitutional discrimination high school students interested religious speech according senator hatfield cosponsor act merely try protect say right guaranteed constitution denied certain students cong rec appeals correctly recognized act codified decision widmar extending holding secondary public schools appeals failed recognize however critical difference university forum widmar high school forum involved case none clubs high school even arguably controversial partisan wise ignore difference high school students may adult enough distinguish organizations sponsored school lack school sponsorship even though participate forum school sponsor see ante high school students also young enough open fora may less suitable college students need decide whether risk treating students adults soon alternatively risk treating children long enduring problem educators youth students whether described terms impressionability maturity may irrelevant application constitutional restrictions limit educational discretion public schools surely irrelevant interpretation educational policies adopted honor westside administrators congress assuming either treated casually differences high school college students formulating policy statute issue reasons believe distinctions westside program university missouri program suggest best understanding act extracurricular student organization noncurriculum related purpose part purpose advocacy partisan theological political ethical views school admits least one club apparently made judgment students better student community permitted perhaps even encouraged compete along ideological lines pedagogical strategy may defensible even desirable wrong presume congress endorsed strategy dictated nationwide adoption simply approved application widmar high schools seems absurd presume westside invoked strategy recognizing clubs like swimming timing team though may correspond directly anything westside course offerings controversial grilled cheese sandwich accordingly construe act high school properly sponsor french club chess club scuba diving club simply activities fully consistent school curricular mission matter whether formal courses subjects directly related subjects offered long faculty encouragement student participation groups consistent school obligation neutrality legitimate pedagogical concerns nothing widmar implies existence french club example create constitutional obligation allow student members ku klux klan communist party access school facilities importantly nothing case suggests constitutional issue turn whether french taught formal course club functioning conversely high school decides allow political groups use facilities plainly discriminate among controversial groups agrees positions disagrees ideas advocated others fact history republican party might taught political science course justify decision allow young republicans form club denying communists white supremacists christian scientists privilege judgment political activities young republicans noncurriculum related reasons nothing content political science course statutory definition noncurriculum related depend constitutional concern motivated decision widmar case district judge reviewed clubs high school program found tied educational function institution app pet cert correctly concluded club system differs dramatically found create open forum policy widmar bender agree conclusion proper interpretation act dramatic difference requires different result already indicated majority although agrees congress intended act endorse application widmar high schools compare case widmar instead argues two propositions first congress intended prohibit discrimination religious groups second statute must construed fashion allow school boards circumvent reach definitional fiat complete agreement principles however believe either yields conclusion majority adopts first majority correctly observes congress intended act prohibit schools excluding believing legally obliged exclude religious student groups solely groups religious congress clearly concerned two lines decisions courts appeals one line prohibiting schools wished admit religious groups see lubbock civil liberties union lubbock independent school cert denied second line allowing schools exclude religious groups solely establishment clause concerns see brandon guilderland bd cert denied see also bender williamsport area school supp md rev vacated grounds see ante cases however involve schools either desire recognize religious student groups schools like university missouri kansas city purport exclude religious groups forum otherwise conceded open obvious congress need go widmar decision redress problem equally obvious majority expansive reading noncurriculum related irrelevant congressional objective ending discrimination religious student groups second majority surely correct limited open forum triggered school says ante quoting cong rec statement leahy however recognition advocacy groups signals creation forum see danger school administrators able manipulate act defeat congressional intent indeed seems majority test suspect score appear school alter noncurriculum related status subsurfers see ante simply example including one day scuba instruction swimming classes requiring physical education teachers urge student participation club even soliciting regular comments club school better accommodate club interest within coursework may school rather says mere bureaucratic procedure unrelated substance forum speech encompasses preferred construction subject manipulation also exceptionally difficult apply even absence deliberate evasion example believes westside swim team directly related curriculum scuba diving club ibid analysis makes every high school football program borderline case many schools teach football physical education classes usually teach touch football flag football varsity team usually plays tackle football tackle football involves equipment greater risk arguably stands relation touch football scuba diving swimming likewise appear high school administrators might reasonably difficulty figuring whether cheerleading squad pep club might trigger act application answer suppose might depend upon strongly students encouraged support football team obviously every test produce hard cases test seems produce nothing hard cases reasons argument construing noncurriculum related recourse facts widmar reference existence advocacy groups seems overwhelming provides test simple easily administered majority crafted indeed plausible answer construction statute easily achieved without reference exotic concept noncurriculum related organizations point made length senate floor senator gorton senator hatfield answered term recommended lawyers apparently effort capture distinctions important judiciary construction free speech clause congress may sometimes however clear intent respect whole statute even muddles definition particular part cases intent behind particular provision may clear though comprehensive purpose statute obscure case congress general intent senator gorton certainly understood necessary guide act particular terms answer strategy points references widmar must considered context ante surely done becomes immediately clear references neither passing even general ante instead sheet anchors holding fast debate otherwise swept away gale confused utterances might wish along senator gorton congress chosen better term effectuate purposes efforts articulate public forum analysis opinion altogether satisfactory see cornelius naacp legal defense ed fund stevens dissenting lawyers legislators seeking capture distinctions legislative terminology forgiven occasionally stumble certainly hold congress standard precision sometimes unable obtain duty ask congress intended assay whether congress might stated intent naturally artfully pithily sullivan everhart stevens dissenting ii construction act makes unnecessary reach establishment clause question plurality decides nevertheless appropriate point question much difficult plurality assumes plurality focuses upon whether act might run afoul establishment clause danger students mistakenly believe religious clubs sponsored school believe plurality construction statute obliges answer question whether act violates establishment clause authorizing religious organizations meet high school grounds even high school teachers administrators deem unwise admit controversial partisan organizations kind plurality interpretation act congress imposed difficult choice public high schools receiving federal financial assistance school continues allow students participate familiar innocuous activities school chess scuba diving club must also allow religious groups make use school facilities indeed hard see cheerleading squad pep club among common student groups american high schools avoid noncurriculum related majority test act construed majority comes perilously close outright command allow organized prayer perhaps kind religious ceremonies involved widmar school premises always treated special sensitivity establishment clause problems result religious observances moved public schools edwards aguillard public school symbol democracy pervasive means promoting common destiny activity state vital keep divisive forces schools illinois ex rel mccollum board ed school dist champaign county frankfurter concurring plurality recognizes ante religious groups may exert considerable degree pressure even without official school sponsorship law imitation operates outstanding characteristic children mccollum frankfurter concurring see also abington school dist schempp brennan concurring testimony case indicated one purpose proposed bible club convert students christianity app influence result product act speech also compulsory attendance laws long recognized special constitutional importance context wallace jaffree moreover speech allowed simply individual expression personal conscience case tinker des moines independent community school west virginia state bd ed barnette instead collective statement organization student club powers responsibilities defined status exist absent state intervention tend agree plurality constitution forbid local school district congress bring organized religion schools long groups religious welcomed equally break either laws furniture congress authority however mean concerns underlying establishment clause irrelevant authority exercised certainly rush embrace conclusion congress swept aside concerns hurried passage clumsily drafted legislation additional reason also grounded constitutional structure rendering act unsatisfying construed act alters considerably balance state federal authority education balance long respected congress see board education island trees union free school dist pico traditional allocation responsibility makes sense pedagogical political ethical reasons course sometimes found necessary limit local control schools order protect constitutional integrity public education boards education educating young citizenship reason scrupulous protection constitutional freedoms individual strangle free mind source teach youth discount important principles government mere platitudes west virginia bd ed barnette see also brown board education missouri jenkins congress may make similar judgments sometimes done finding necessary regulate public education order achieve important national goals construction act however leads sweeping intrusion federal government operation public schools despite absence indication congress intended divest local school districts power shape educational environment high school administration continues believe sound policy exclude controversial groups political clubs ku klux klan perhaps gay rights advocacy groups facilities must also close doors traditional extracurricular activities noncontroversial directly related course offered school congress made frequent reference primacy local control public education legislative history act thus inconsistent rigid definition noncurriculum related groups indeed fact congress omitted definition statute persuasive evidence intent allow local officials broad discretion deciding whether create limited public fora see reason evidence congressional intent constrain discretion narrowly holding widmar requires iii arguments interposes noah webster famous dictionary massive tome match weight put upon relies heavily dictionary definition curriculum see ante word course act moreover word noncurriculum dictionary neither webster congress authorized us assume noncurriculum precise antonym word curriculum nonplus example mean minus incorrect assume nonentity entity purely matter defining newly coined word term noncurriculum fairly construed describe either subjects part current curriculum subjects properly included public school curriculum either definitions perfectly sensible describe subjects related body courses offered school see ante one considers basic purpose act unquestioned linkage decision widmar latter definition surely sensible respectfully dissent footnotes brief petitioners brief respondents brief amicus curiae nn act codifies widmar noncurriculum related undefined term noncurriculum related construed reference larger objectives act garnett renton school dist course consider whether establishment clause permits congress apply widmar reasoning secondary schools appeals quoted following comment senator levin pending amendment constitutional light decision widmar vincent amendment merely extends similar constitutional rule enunciated widmar secondary schools cong rec appeals also put much weight upon existence chess club westside quoted exchange senator gorton senator hatfield senator hatfield cosponsor act told senator gorton chess club noncurriculum related act exchange completely inconclusive however read context senator gorton questions designed show senator hatfield offer satisfactory definition noncurriculum related senator gorton strategy succeeded course exchange senator hatfield offered every possible interpretation less two columns congressional record laycock nw senator hatfield eventually conceded whether chess club noncurriculum related depend upon school district lawyers say cong rec majority place special emphasis upon senator hatfield reference chess clubs see ante discussing chess clubs without reference legislative history agree deserves none said universities true fortiori respect high schools school extracurricular activities constitute part school teaching mission school accordingly must make decisions concerning content activities widmar vincent stevens concurring judgment absent good reason hold otherwise decisions left teachers see also bethel school dist fraser stevens dissenting although recognize justice marshall reads widmar broadly respectfully disagree reading moreover even language widmar supported reading language dictum given distinction acknowledged critical independent character student forum widmar substantially different character westside program see ante marshall concurring bender williamsport area school supp md school officials conceded organization conducive intellectual moral growth students meet activities period unlike school officials case williamsport officials claimed forum limited basis whether group presented view controversial subjects bender litigation pending appeals third circuit act drafted much discussed act sponsors since statute construe track free speech clause jurisprudence administrators escape act restrictions mere labeling escape first amendment means according view student group directly relates school curriculum subject matter group actually taught soon taught regularly offered course subject matter group concerns body courses whole participation group required particular course participation group results academic credit ante club membership might special interest seeing attention devoted ichthyological topics biology classes adding oceanographic examples physics classes allowing advanced students school shops design snorkeling gear understand majority test subsurfers noncurriculum related long club made suggestions regular basis even westside administration regularly thanked club rejected every suggestion made see ante discussing student government reading statute example difficult case might posed district forced decide whether high school nietzsche club concerned philology doctrine none common clubs westside however causes difficulties test nearly present close questions examined pursuant rubric nietzsche club problem dealt actually arises senator gorton proposed replacing act another read public secondary school receiving federal financial assistance shall prohibit use school facilities meetings noninstructional time voluntary student groups solely basis speech engaged members groups meetings religious nature cong rec senator hatfield attributed act complex terminology many lawyers wanting put something satisfy one particular legal point view one legal school one precedent one decision one experience ibid light admission similar statements astonishing asks us believe congress using phrase noncurriculum related intended reject widmar definition open forum favor definition highly specific less confusing see brief amicus curiae instead inclined agree professor laycock observes house opponent act surely correct said even sponsors bill knew meant laycock nw bill supporters admitted language murky suggested something better nothing see cong rec statement hyde congress really intended depart widmar reasons administrative clarity congress kept intent well hidden statute debates preceding passage makes gallant commendable effort vindicate congress peculiar diction fear end dogged persistence leads miss forest trees quite properly points congress general intent established single reference even several statements sundered context one course deduce meaning legislative history quoting one randomly chosen senator one capture meaning play quoting one randomly chosen character say polonius claudius gertrude express differing views hamlet antic disposition say hamlet meaning reader congressional drama case come away unimpressed focus upon widmar congressional actors quite clearly agreed widmar rule extended high schools confused draft statute nothing quoted much hints contrary reading discussion senator levin speech ante especially puzzling says dissent plac es great reliance comment senator levin ibid fact senator levin remark among specific citations single buttressed additional citations collected brief amicus curiae see supra singles senator levin special attention views unique importance remarks quoted appeals ibid still odder use senator levin quotes senator saying pending amendment allow students equal access secondary schools religious meetings school school generally allows groups secondary school students meet times cong rec emphasizes word generally word however puts senator levin square opposition reading act agree senator act authorizes meetings religious groups schools permit meetings student groups general however must show act authorizes meetings even schools less generally open forum one defined specifically enough exclude partisan ideological organizations senator levin statement help claim assistance reservations expressed senators chiles denton legislative history ante remarks considered context becomes immediately apparent men addressing specific problems completely unrelated act connection widmar see also farber nowak misleading nature public forum analysis content context first amendment adjudication rev tribe american constitutional law ed us believe step stumble pirouette declares possible interpretation act must concede congress intended draw subtle distinction limited public forum limited open forum ante reasons given supra find suggestion implausible drafting legislation finely choreographed moreover opinion widmar refers quick succession without apparent distinction forum generally open public generally open forum public forum district opinion bender opinion great concern congress passed act observed university accommodates student organizations making facilities generally open meetings created limited public forum month act passed appeals opinion bender closed circle using limited open forum describe first amendment status college forum widmar high school forum bender bender williamsport area school wrong say today slices distinctions thin fact distinction slicing even accept premise however lead conclusion seem limited open forum must suppose narrower scope limited public forum dictionary definitions seems favor point opposite direction consider establishment clause questions analysis set forth lemon kurtzman first statute must secular legislative purpose second principal primary effect must one neither advances inhibits religion finally statute must foster excessive government entanglement religion citations omitted difficulty constitutional question compounds problems treatment statutory issue light ambiguity concedes exist statutory text legislative history obligation adopt equally reasonable construction act avoid constitutional issue cf nlrb catholic bishop chicago plurality also considers briefly rejects possibility act may lack secular purpose required establishment clause see ante view question closer plurality suggests doubt purpose act facilitate meetings religious student organizations public high schools see cong rec statement denton nevertheless problem act redress discrimination religion see corporation presiding bishop church jesus christ saints amos characterizing proper statutory purpose lifting regulation burdens exercise religion even resulting exemption come packaged benefits secular entities reading act however congress considerably expansive purpose authorizing religious groups meet even schools prohibit assembly partisan organizations thus single religious groups particular act also authorizes meetings political philosophic well religious groups clear congress principally interested religious speech ante application lemon secular purpose requirement act thus becomes complicated examining issue plurality quite properly recognizes must distinguish religious motives religious purposes see ante plurality however misapplies distinction particular legislator vote bill basis personal religious belief free speech good thing legislator religious motive motive present problem establishment clause however legislator vote bill basis prediction resulting speech religious character legislator religious purpose present problem establishment clause moreover entirely possible religious purpose might exist even absent religious motive case legislator reason favoring religious speech belief tend produce cooperative behavior reduce crime rate latter former kind religious intention issue plurality analysis lemon purpose requirement presupposes religious purpose enacting statute becomes analogous religious motive enacting statute whenever statute confers incidental benefit upon secular activity agree survive scrutiny lemon test enough statute sponsors identify secular goals allegedly served act held statute unconstitutional clearly secular purpose wallace jaffree primary purpose provide persuasive advantage particular religious doctrine edwards aguillard law requiring ten commandments posted school classrooms vindicated possibility reading teach students fundamental legal code stone graham law requiring recitation lord prayer likewise saved assertions true practice serves promotion moral values contradiction materialistic trends times perpetuation institutions teaching literature abington school dist schempp sum crucial question purpose requirement lemon test whether challenged statute reflects judgment desirable people religious adhere particular religion plurality correct observe irrelevant whether legislature behaved religiously made abstained making judgment plurality observation however likewise irrelevant question us act may nevertheless comply purpose requirement lemon test encompassing political philosophic well religious speech conclusion requires explanation provides respondents sought merely access school meeting rooms also rights privileges terms conditions accorded clubs westside brief respondents respect least case resembles hazelwood school dist kuhlmeier tinker des moines independent community school dist cf stewart first amendment public schools inculcation community values law ed stressing distinction cases students seek prevent state interference communicative activities cases students seek active assistance dissemination ideas quotation congressman frank spoke support bill house floor cong rec bill enjoyed wide bipartisan support houses ante likewise provoked thoughtful bipartisan opposition body senator chafee among opposed bill warned colleagues passing might secure religious access schools price educational quality legislation encourage religious political activity schools little resolve problems education lead discord whose cooperation drive excellence education important ever cong rec professor laycock summarizes circumstances act passage follows bill completely rewritten series multilateral negotiations passed house reported committee senate thus committee reports cast light language actually adopted senator hatfield offered negotiated compromise floor amendment midst senate rush adjourn fourth july repeatedly emphasized many people involved negotiations produced compromise version senators sponsoring compromise agreed everything senator gorton accurately observed many cooks spoiled broth hatfield large majority committed compromise resisted change might caused deal fall apart hatfield compromise later passed house special rule precluded amendments limited debate one hour nw footnotes omitted matter pedagogy delicate decisions immersing young students ideological made educators familiar experience needs particular children affected culture community likely live adults see hazelwood school dist kuhlmeier matter politics public schools often dependent financial support upon local communities schools may better able retain local favor free shape policies response local preferences see san antonio independent school dist rodriguez matter ethics sensible respect desire parents guide education children without surrendering control distant politicians see meyer nebraska see cong rec fully committed proposition schools education general must guidance control local school districts local school boards state school boards forth action taken official body representing public schools denies right guaranteed constitution congress think duty obligation step remedy violated right statement hatfield suggest westside deprived students constitutionally guaranteed rights case see also bill applies school voluntarily creates limited open forum everything left local option everything left local administrators local school board statement goodling