good news club et al milford central school argued february decided june new york law respondent milford central school milford enacted policy authorizing district residents use building school among things instruction education learning arts social civic recreational entertainment uses pertaining community welfare stephen darleen fournier district residents eligible use school facilities upon approval proposed use sponsors good news club private christian organization children ages pursuant milford policy submitted request hold club weekly afterschool meetings school milford denied request ground proposed use sing songs hear bible lessons memorize scripture pray equivalent religious worship prohibited community use policy petitioners collectively club filed suit alleging inter alia denial club application violated free speech rights first fourteenth amendments district ultimately granted milford summary judgment finding club subject matter religious nature merely discussion secular matters religious perspective milford otherwise permits school allowed groups providing religious instruction use limited public forum held deny club access without engaging unconstitutional viewpoint discrimination affirming second circuit rejected club contention milford restriction unreasonable held club subject matter quintessentially religious activities fell outside bounds pure moral character development milford policy constitutional subject discrimination unconstitutional viewpoint discrimination held milford violated club free speech rights excluded club meeting hours school pp parties agree assumes milford operates limited public forum state establishing forum required allow persons engage every type speech may justified reserving forum certain groups discussion certain topics rosenberger rector visitors univ power restrict speech however without limits restriction must discriminate speech based viewpoint must reasonable light forum purpose cornelius naacp legal defense ed fund pp denying club access school limited public forum ground club religious nature milford discriminated club religious viewpoint violation free speech clause exclusion indistinguishable exclusions held violative clause lamb chapel center moriches union free school school district precluded private group presenting films school based solely religious perspective films rosenberger university refused fund student publication addressed issues religious perspective apparent difference activities lamb chapel club inconsequential distinction club teaches moral lessons christian perspective live storytelling prayer whereas lamb chapel taught lessons films rosenberger also dispositive given obvious religious content publication issue said club activities religious deserve less free speech clause protection disagrees second circuit view something quintessentially religious decidedly religious nature also characterized properly teaching morals character development particular viewpoint matters free speech clause purposes logical difference kind invocation christianity club invocation teamwork loyalty patriotism associations provide foundation lessons milford restriction viewpoint discriminatory need decide whether unreasonable light forum purposes pp permitting club meet school premises violated establishment clause establishment clause defenses similar milford rejected lamb chapel supra found films shown school hours sponsored school open public church members realistic danger community think district endorsing religion widmar vincent university forum already available groups club activities materially indistinguishable lamb chapel widmar milford reliance establishment clause unavailing lamb chapel club meetings held school hours sponsored school open student obtained parental consent club members widmar milford made forum available organizations rejects milford attempt distinguish cases emphasizing policy involves elementary school children perceive school endorsing club feel coerced participate club activities take place school grounds even though occur nonschool hours argument unpersuasive number reasons allowing club speak school grounds ensure threaten neutrality toward religion accordingly milford faces uphill battle arguing establishment clause compels exclude club see rosenberger supra extent considers whether community feel coercive pressure engage club activities cf lee weisman relevant community parents choose whether children attend club meetings children whatever significance may assigned establishment clause context suggestion elementary school children impressionable adults never foreclosed private religious conduct nonschool hours merely takes place school premises elementary school children may present lee supra edwards aguillard distinguished even consider possible misperceptions schoolchildren deciding whether establishment clause violation facts case simply support milford conclusion finally said danger children misperceive endorsement religion greater danger perceive hostility toward religious viewpoint club excluded public forum convinced significance possibility elementary school children may witness club activities school premises find reason depart lamb chapel widmar pp milford raised valid establishment clause claim address whether claim excuse milford viewpoint discrimination pp reversed remanded thomas delivered opinion rehnquist scalia kennedy joined breyer joined part scalia filed concurring opinion breyer filed opinion concurring part stevens filed dissenting opinion souter filed dissenting opinion ginsburg joined good news club et petitioners milford central school writ certiorari appeals second circuit june justice thomas delivered opinion case presents two questions first question whether milford central school violated free speech rights good news club excluded club meeting hours school second question whether violation justified milford concern permitting club activities violate establishment clause conclude milford restriction violates club free speech rights establishment clause concern justifies violation state new york authorizes local school boards adopt regulations governing use school facilities particular educ law mckinney enumerates several purposes local boards may open schools public use respondent milford central school milford enacted community use policy adopting seven purposes building used school app pet cert two stated purposes relevant first district residents may use school instruction branch education learning arts second school available social civic recreational meetings entertainment events uses pertaining welfare community provided uses shall nonexclusive shall opened general public ibid stephen darleen fournier reside within milford district therefore eligible use school facilities long proposed use approved school together sponsors local good news club private christian organization children ages pursuant milford policy september fourniers submitted request robert mcgruder interim superintendent district sought permission hold club weekly afterschool meetings school cafeteria app next month mcgruder formally denied fourniers request ground proposed use fun time singing songs hearing bible lesson memorizing scripture equivalent religious worship app according mcgruder community use policy prohibits use individual organization religious purposes foreclosed club activities app pet cert response letter submitted club counsel milford attorney requested information clarify nature club activities club sent set materials used distributed meetings following description meeting club opens session fournier taking attendance calls child name child recites bible verse child receives treat attendance club sings songs next club members engage games involve inter alia learning bible verses fournier relates bible story explains applies club members lives club closes prayer finally fournier distributes treats bible verses memorization app mcgruder milford attorney reviewed materials concluded kinds activities proposed engaged good news club discussion secular subjects child rearing development character development morals religious perspective fact equivalent religious instruction february milford board education adopted resolution rejecting club request use milford facilities purpose conducting religious instruction bible study march petitioners good news club fournier daughter andrea fournier collectively club filed action milford district northern district new york club alleged milford denial application violated free speech rights first fourteenth amendments right equal protection fourteenth amendment right religious freedom religious freedom restoration act stat et club moved preliminary injunction prevent school enforcing religious exclusion policy club thereby permit club use school facilities april district granted injunction club held weekly afterschool meetings april june high school resource middle school special education room app august district vacated preliminary injunction granted milford motion summary judgment supp ndny found club subject matter decidedly religious nature merely discussion secular matters religious perspective otherwise permitted milford use policies school permitted groups provided religious instruction use limited public forum held school deny access club without engaging unconstitutional viewpoint discrimination also rejected club equal protection claim club appealed divided panel appeals second circuit affirmed first rejected club contention milford restriction allowing religious instruction facilities unreasonable second held subject matter club activities quintessentially religious activities fall outside bounds pure moral character development milford policy excluding club meetings constitutional subject discrimination unconstitutional viewpoint discrimination judge jacobs filed dissenting opinion concluded school restriction constitute viewpoint discrimination lamb chapel center moriches union free school conflict among courts appeals question whether speech excluded limited public forum basis religious nature speech compare gentala tucson en banc holding city properly refused national day prayer organizers application city civic events fund coverage costs city services campbell tammany school holding school policy permitting religious instruction limited public forum constitute viewpoint discrimination cert pending bronx household faith community school dist concluding ban religious services instruction limited public forum constitutional church rock albuquerque holding city denial permission show film jesus senior center unconstitutional viewpoint discrimination good sports club school dist ladue holding unconstitutional school use policy prohibited good news club meeting times boy scouts meet granted certiorari resolve conflict ii standards apply determine whether state unconstitutionally excluded private speaker use public forum depend nature forum see perry ed assn perry local educators forum traditional open public forum state restrictions speech subject stricter scrutiny restrictions limited public forum previously declined decide whether school district opening facilities pursuant educ law creates limited traditional public forum see lamb chapel supra parties agreed milford created limited public forum opened facilities see brief petitioners brief respondent need resolve issue instead simply assume milford operates limited public forum state establishes limited public forum state required allow persons engage every type speech state may justified reserving forum certain groups discussion certain topics rosenberger rector visitors univ see also lamb chapel supra state power restrict speech however without limits restriction must discriminate speech basis viewpoint rosenberger supra restriction must reasonable light purpose served forum cornelius naacp legal defense ed fund iii applying test first address whether exclusion constituted viewpoint discrimination guided analysis two prior opinions lamb chapel rosenberger lamb chapel held school district violated free speech clause first amendment excluded private group presenting films school based solely films discussions family values religious perspective likewise rosenberger held university refusal fund student publication publication addressed issues religious perspective violated free speech clause concluding milford exclusion good news club based religious nature indistinguishable exclusions cases hold exclusion constitutes viewpoint discrimination restriction viewpoint discriminatory need decide whether unreasonable light purposes served milford opened limited public forum activities serve variety purposes including events pertaining welfare community app pet cert milford interprets policy permit discussions subjects child rearing development character morals religious perspective brief appellee example policy allow someone use aesop fables teach children moral values app additionally group sponsor debate whether constitutional amendment permit prayer public schools boy scouts meet influence boy character development spiritual growth short group promote moral character development children eligible use school building brief appellee question teaching morals character development children permissible purpose milford policy clear club teaches morals character development children example one disputes club instructs children overcome feelings jealousy treat others well regardless treat children obedient even nonsecular way nonetheless milford found club activities religious nature equivalent religious instruction excluded club use facilities applying lamb find quite clear milford engaged viewpoint discrimination excluded club afterschool forum lamb chapel local new york school district similarly adopted social civic recreational use category permitted use limited public forum district also prohibited use group religious purposes citing prohibition school district excluded church wanted present films teaching family values christian perspective held films doubt dealt subject otherwise permissible rule teaching family values district exclusion church unconstitutional viewpoint discrimination like church lamb chapel club seeks address subject otherwise permitted rule teaching morals character religious standpoint certainly one characterized film presentations lamb chapel religious use appeals lamb chapel center moriches union free school one easily conclude films purpose instruct society slide toward humanism counterbalanced loving home christian values instilled early age quintessentially religious apparent difference activity lamb chapel activities good news club club chooses teach moral lessons christian perspective live storytelling prayer whereas lamb chapel taught lessons films distinction inconsequential modes speech use religious viewpoint thus exclusion good news club activities like exclusion lamb chapel films constitutes unconstitutional viewpoint discrimination opinion rosenberger also dispositive rosenberger student organization university virginia denied funding printing expenses publication wide awake offered christian viewpoint club emphasizes role christianity students morals character wide awake challenge christians live word deed according faith proclaim encourage students consider personal relationship jesus christ means university select ed disfavored treatment student journalistic efforts religious editorial viewpoints held denial funding unconstitutional although rosenberger prohibition religion subject matter holding rely factor instead concluded simply university denial funding print wide awake viewpoint discrimination school district refusal allow lamb chapel show films viewpoint discrimination ibid given obvious religious content wide awake say club activities religious deserve less first amendment protection publication wide awake rosenberger despite holdings lamb chapel rosenberger appeals like milford believed characterization club activities religious nature warranted treating club activities different kind activities permitted school see club something simply teaching moral values christian viewpoint unique according contains additional layer kinds viewpoints club focused teaching children cultivate relationship god jesus christ characterized quintessentially religious observations concluded club activities fall outside bounds pure moral character development exclusion constitute viewpoint discrimination disagree something quintessentially religious decidedly religious nature also characterized properly teaching morals character development particular viewpoint see jacobs dissenting hen subject matter morals character quixotic attempt distinction religious viewpoints religious subject matters matters purposes free speech clause see logical difference kind invocation christianity club invocation teamwork loyalty patriotism associations provide foundation lessons apparent unstated principle appeals reasoning conclusion time religious instruction prayer used discuss morals character discussion simply pure discussion issues according appeals reliance christian principles taints moral character instruction way foundations thought viewpoints however never reached conclusion instead reaffirm holdings lamb chapel rosenberger speech discussing otherwise permissible subjects excluded limited public forum ground subject discussed religious viewpoint thus conclude milford exclusion club use school pursuant community use policy constitutes impermissible viewpoint iv milford argues even restriction constitutes viewpoint discrimination interest violating establishment clause outweighs club interest gaining equal access school facilities words according milford restriction required avoid violating establishment clause disagree said state interest avoiding establishment clause violation may characterized compelling therefore may justify discrimination widmar vincent however clear whether state interest avoiding establishment clause violation justify viewpoint discrimination see lamb chapel noting suggestion widmar ultimately finding establishment clause problem need however confront issue case conclude school valid establishment clause interest rejected establishment clause defenses similar milford two previous free speech cases lamb chapel widmar particular lamb chapel explained showing th film series school hours sponsored school open public church members accordingly found realistic danger community think district endorsing religion particular creed ibid likewise widmar university forum already available groups concluded establishment clause problem establishment clause defense fares better case lamb chapel club meetings held school hours sponsored school open student obtained parental consent club members widmar milford made forum available organizations club activities materially indistiguishable lamb chapel widmar thus milford reliance establishment clause unavailing milford attempts distinguish lamb chapel widmar emphasizing milford policy involves elementary school children according milford children perceive school endorsing club feel coercive pressure participate club activities take place school grounds even though occur nonschool argument unpersuasive first held significant factor upholding governmental programs face establishment clause attack neutrality towards religion rosenberger slip plurality opinion distinguishing indoctrination attributable state indoctrination consistently turned principle neutrality upholding aid offered broad range groups persons without regard religion emphasis added slip concurring judgment eutrality important reason upholding programs establishment clause challenges milford implication granting access club damage neutrality principle defies logic guarantee neutrality respected offended government following neutral criteria evenhanded policies extends benefits recipients whose ideologies viewpoints including religious ones broad diverse rosenberger supra good news club seeks nothing treated neutrally given access speak topics groups allowing club speak school grounds ensure neutrality threaten milford faces uphill battle arguing establishment clause compels exclude good news club second extent consider whether community feel coercive pressure engage club activities cf lee weisman relevant community parents elementary school children parents choose whether children attend good news club meetings children attend without parents permission coerced engaging good news club religious activities milford suggest parents elementary school children confused whether school endorsing religion believe argument reasonably advanced third whatever significance may assigned establishment clause context suggestion elementary school children impressionable adults lee supra school dist grand rapids ball stating symbolism union church state likely influence children tender years whose experience limited whose beliefs consequently function environment much free voluntary choice never extended establishment clause jurisprudence foreclose private religious conduct nonschool hours merely takes place school premises elementary school children may present none cases discussed milford persuades us establishment clause jurisprudence gone far example milford cites lee weisman proposition heightened concerns protecting freedom conscience subtle coercive pressure elementary secondary public schools holding school policy permitting prayer football games unconstitutional activity took place event public forum place independent significance fact graduation exercise might take place school premises lee supra school facilities used nonschool function government sponsorship club activities lee inapposite equally unsupportive edwards aguillard held louisiana law proscribed teaching evolution part public school curriculum unless accompanied lesson creationism violated establishment clause edwards mentioned students susceptible pressure classroom particularly given possible reliance teachers role models see discuss concern application law facts moreover note mandatory attendance requirements meant state advancement religion school particularly harshly felt impressionable suggest school actually advancing religion impressionability students relevant establishment clause issue even edwards articulated principle milford believes facts edwards simply remote give principle weight edwards involved content curriculum taught state teachers schoolday children required attend obviously individuals schoolteachers giving lessons school children permitted attend parental consent concerns expressed edwards fourth even consider possible misperceptions schoolchildren deciding whether milford permitting club activities violate establishment clause facts case simply support milford conclusion evidence young children permitted loiter outside classrooms schoolday ended surely even young children aware events parents must sign permission forms meetings held combined high school resource room middle school special education room elementary school classroom instructors schoolteachers children group age normal classroom setting ages range sum circumstances simply support theory small children perceive endorsement finally even inquire minds schoolchildren case say danger children misperceive endorsement religion greater danger perceive hostility toward religious viewpoint club excluded public forum concern particularly acute given reality milford building used elementary school children students kindergarten grade attend school building may many upperclassmen elementary school children occupy school hours matter members public writ large permitted school hours pursuant community use policy bystander conceivably aware school use policy exclusion good news club suffer much viewpoint discrimination elementary school children suffer perceived endorsement cf rosenberger expressing concern viewpoint discrimination chill individual thought expression operate milford us assumption risk small children perceive endorsement counsel favor excluding club religious activity decline employ establishment clause jurisprudence using modified heckler veto group religious activity proscribed basis youngest members audience might misperceive cf capitol square review advisory bd pinette concurring part concurring judgment ecause concern political community writ large endorsement inquiry perceptions particular individuals saving isolated nonadherents discomfort reason reasonable observer endorsement inquiry must deemed aware history context community forum religious speech takes place emphasis added countervailing constitutional concerns related rights individuals community case countervailing concerns free speech rights club members cf rosenberger supra vital first amendment speech principles stake already found rights violated merely perceived violated school actions toward club convinced significance case possibility elementary school children may witness good news club activities school premises therefore find reason depart holdings lamb chapel widmar accordingly conclude permitting club meet school premises violated establishment milford denied good news club access school limited public forum ground club religious nature discriminated club religious viewpoint violation free speech clause first amendment milford raised valid establishment clause claim address question whether claim excuse milford viewpoint discrimination judgment appeals reversed case remanded proceedings consistent opinion ordered good news club et petitioners milford central school writ certiorari appeals second circuit june justice scalia concurring join opinion write separately explain views two issues first join part iv opinion regarding establishment clause issue understanding consideration coercive pressure see ante perceptions endorsement see ante extent law makes factors relevant consistent belief hold case extent zero coercive pressure physical coercion issue peer pressure even considered coercion arises private activities one attendant consequences freedom association constitutionally protected see roberts jaycees naacp alabama ex rel patterson play coercion compulsion ideas private right exert receive compulsion one children receive protected free speech free exercise clauses see heffron international soc krishna consciousness murdock pennsylvania cantwell connecticut banned establishment clause priest much liberty proselytize patriot endorsement previously written eligious expression violate establishment clause purely private occurs traditional designated public forum publicly announced open equal terms capitol square review advisory bd pinette true private speech occurs limited public forum publicly announced whose boundaries drawn favor religious groups instead permit uses context case erroneous conclusions endorsement count see also lamb chapel center moriches union free school scalia concurring judgment hold simply clearly giving private religious group nondiscriminatory access school facilities violate establishment clause signify state local embrace particular religious sect ii second since rejected reason respondent gave excluding club speech forum clearly included forum opened us pertaining welfare community app pet cert suppose matters whether exclusion characterized viewpoint discrimination lacking legitimate reason excluding club speech forum religious see church lukumi babalu aye hialeah employment dept human resources smith respondent seem fail first amendment scrutiny regardless action characterized even limits must least reasonable light purpose served forum cornelius naacp legal defense ed fund agree event respondent discriminate basis viewpoint understand point disagreement dissenters appeals regard petitioner free speech clause claim whether good news club must permitted present religious viewpoints morals character respondent forum opened secular discussions subject see ante answer established decision lamb chapel supra point disagreement even whether club religious speech fell within protection lamb chapel certainly see ante club teachings may involve secular values obedience resisting jealousy disagreement rather regards portions club meetings purely discussions morality character religious viewpoint club example urges children already believe lord jesus savior top ask god strength want obey ndny internal quotation marks omitted invites children know jesus savior trust lord jesus savior sin ibid dissenters second circuit say presence additional speech purely religious transforms club meetings something different kind nonreligious activities teach moral character development see post stevens dissenting post souter dissenting therefore argument goes excluding club viewpoint discrimination disagree respondent opened facilities us pertaining welfare community provided us shall nonexclusive shall opened general public app pet cert shaping moral character development children certainly pertain welfare community thus respondent agreed groups engaged endeavor developing character may use forum boy scouts example may seek influence boy character development spiritual growth app cf boy scouts america dale general mission boy scouts clear instill values young quoting scouts mission statement group may use aesop fables teach moral values app club attempted teach moral values however excluded activities id involve merely religious perspective secular subject morality clear conduct meetings good news club goes far beyond merely stating viewpoint group respondent require sterility speech demands petitioners boy scouts undoubtedly buttress exhortations keep morally straight live clean lives see boy scouts america dale supra giving reasons good idea parents want expect make scouts better successful people emulate admired past scouts former president gerald ford club however may discuss morals character give reasons fostered god wants expects make club members saintly people emulates jesus christ club may words independently discuss religious premise views based god exists assistance necessary morality may defend premise absolutely must seek persuade children premise true children must say take faith blatant viewpoint discrimination calls character based patriotism go unanswered listeners believe country good calls moral behavior based god useless listeners believe god exists effectiveness presenting viewpoint rests persuasiveness speaker defends premise respondent facilities every premise religious one may defended rosenberger rector visitors univ struck similar viewpoint restriction private student newspaper sought funding fund basis secular counterparts though paper printed directly religious material exhortations belief see quoting paper mission encourage students consider personal relationship jesus christ souter dissenting way salvation confessing repenting sin christian duty make sinners aware need quoting paper see also quoting examples held refusing provide funds discriminated basis viewpoint religious speech used provid specific premise variety subjects may discussed considered opinion right present viewpoint based religion premise carried right defend premise dissenters emphasize religious speech used club foundation views morals character type religious speech although agree exactly type religious speech justice stevens view speech aimed principally proselytizing inculcating belief particular religious faith post see also post begin distinguish rosenberger also involved proselytizing speech quotations show see also rosenberger supra referring approvingly dissent description paper wor characterized evangelism addition distinguish club activities groups using respondent forum justice stevens suggests see post restricted roundtable discussions moral issues groups may seek inculcate children beliefs may furthermore recruit others join respective groups post club must therefore liberty even justice stevens fears without support record see post actions may prove shudder divisive see lamb chapel holding political divisiveness invalidate inclusion crche municipal christmas display cantwell connecticut justice souter agreeing club religious speech may characterized proselytizing post thinks even clearly excludable respondent forum essentially evangelical service worship post previously rejected attempt distinguish worship religious speech saying distinction intelligible content relevance constitutional issue widmar vincent see also murdock pennsylvania souter concurring hardly imagine subject less amenable competence federal judiciary deliberately avoided possible comparative theology courts government officials competent applying distinction require state monitoring private religious speech degree pervasiveness previously found unacceptable see rosenberger rector visitors univ supra widmar vincent supra endorse approach suffers wondrous diversity flaws words explanation join opinion good news club et petitioners milford central school writ certiorari appeals second circuit june justice breyer concurring part agree conclusion join opinion extent consistent following three observations first government neutrality respect religion one one considerations relevant deciding whether public school policy violates establishment clause see mitchell helms concurring judgment capitol square review advisory bd pinette concurring part concurring judgment previously indicated child perception school endorsed particular religion religion general may also prove critically important see school dist grand rapids ball see also lamb chapel center moriches union free school county allegheny american civil liberties union greater pittsburgh chapter today opinion purport change legal principle second critical establishment clause question may well prove whether child participating good news club activities reasonably perceive school permission club use facilities endorsement religion see ball supra important concern effects test whether challenged government action sufficiently likely perceived adherents controlling denominations endorsement nonadherents disapproval individual religious choices time day age children nature meetings specific circumstances relevant helping determine whether fact club dominate forum children minds formal policy equal access transformed demonstration approval capitol square review advisory supra concurring part concurring judgment third fully answer establishment clause question case raises given procedural posture specific legal action brought case appeals district decision grant milford central school motion summary judgment appeals affirmed grant summary judgment hold school entitled summary judgment either respect free speech establishment clause issue holding must mean viewing disputed facts including facts children perceptions favorably club non moving party chool shown establishment clause violation deny one party motion summary judgment however grant summary judgment side may disputed genuine issue material fact fed rule civ proc particularly reasonable child participant understand school role cf post souter dissenting indeed points facts evidence ante evidence young children permitted loiter outside classrooms schoolday ended ante may many upperclassmen elementary school children occupy school hours identifies facts evidence may depending facts evidence legal significance ante discussing type room meetings held noting club participants age normal classroom setting makes assumptions facts ibid surely even young children aware events parents must sign permission forms ante bystander conceivably aware school use policy exclusion good news club suffer much viewpoint discrimination elementary school children suffer perceived endorsement invocation missing record assumptions present record confirm parties desire fair opportunity fill evidentiary gap light today opinion cf fed rules civ proc summary judgment appropriate genuine issue material fact movant entitled judgment matter law permitting supplementation record summary judgment purposes appropriate good news club et petitioners milford central school writ certiorari appeals second circuit june justice stevens dissenting milford central school invited public use facilities educational recreational purposes religious purposes speech religious purposes may reasonably understood encompass three different categories first religious speech simply speech particular topic religious point view film lamb chapel center moriches union free school illustrates category see observing film series issue case discuss james dobson views undermining influences media counterbalanced returning traditional christian family values instilled early stage second religious speech amounts worship equivalent decision widmar vincent concerned speech see describing speech question involving religious worship third intermediate category aimed principally proselytizing inculcating belief particular religious faith public entity may generally exclude even religious worship open public forum similarly public entity creates limited public forum discussion certain specified topics may exclude speaker simply approaches topics religious point view thus lamb chapel held public school permitted facilities used discussion family issues child rearing deny access speakers presenting religious point view issues see lamb chapel public entity may censor speech authorized topic based point view expressed speaker broad discretion preserve property control use lawfully dedicated greer spock see also board ed westside community schools dist mergens stevens dissenting school extracurricular activities constitute part school teaching mission school accordingly must make decisions concerning content quoting widmar novel question case presents concerns constitutionality public school attempt limit scope public forum created specifically question whether school consistently first amendment create limited public forum admits first type religious speech without allowing two distinguishing speech religious viewpoint one hand religious proselytizing comparable distinguishing meetings discuss political issues meetings whose principal purpose recruit new members join political organization school decides authorize school discussions current events classrooms may exclude people expressing views simply dislikes particular political opinions must therefore allow organized political groups example democratic party libertarian party ku klux klan hold meetings principal purpose discuss topic unique point view rather recruit others join respective groups think recruiting meetings may introduce divisiveness tend separate young children cliques undermine school educational mission cf lehman shaker heights upholding city refusal allow political advertising public transportation school officials may reasonably believe evangelical meetings designed convert children particular religious faith pose risk school may allow meetings discuss current events political perspective without also allowing organized political recruitment school allow discussion topics moral development religious nonreligious perspective without thereby opening forum religious proselytizing worship see campbell tammany parish school board jurisprudence government entity school board opportunity open facilities activity protected first amendment without inviting political religious activities presented form disserve efforts maintain neutrality moreover doubt question resolved way minimizes intrusion federal government operation public schools mergens judicial interposition operation public school system nation raises problems requiring care restraint large public education nation committed control state local authorities particular limitation forum issue case one prohibits use school facilities religious purposes clear religious purposes school district intend exclude speech religious point view see app testimony superintendent milford schools indicating policy permit people teach man created god described book genesis crime caused society lack faith god instead sought exclude religious speech whose principal goal promote gospel app words school sought allow first type religious speech excluding second third types long done even handed manner see constitutional violation line various categories religious speech may difficult draw think distinctions valid school particularly elementary school must permitted draw cf illinois ex rel mccollum board ed school dist champaign frankfurter concurring activity state vital keep divisive forces schools case undoubtedly close nonetheless regardless whether good news club activities amount worship seem clear based facts record school district correctly classified activities falling within third category religious speech therefore beyond scope school limited public short persuaded school district permissibly exclude limited public forum proselytizing religious speech rise level actual worship therefore affirm judgment appeals even agreed part ii majority opinion however reach part iv decide constitutional question addressed either district appeals accordingly respectfully dissent good news club et petitioners milford central school writ certiorari appeals second circuit june justice souter justice ginsburg joins dissenting majority rules two issues first decides appeals failed apply rule lamb chapel center moriches union free school held government may discriminate basis viewpoint operating limited public forum majority applies rule concludes milford violated lamb chapel denying good news use school majority goes determine violate establishment clause first amendment milford school district allow good news club hold intended gatherings public school children milford elementary school majority mistaken points appeals unmistakably distinguished case lamb chapel though name accordingly affirmed application policy unchallenged district milford public schools may used religious purposes applicability establishment clause good news club intended use milford school majority commits error even reaching issue addressed neither appeals district respectfully dissent lamb chapel case arose one application educ law mckinney local policy implementing built accepted rule government body may designate public forum subject reasonable limitation scope permitted subject matter activity long government use restrictions deny expression particular viewpoint subjects open discussion specifically lamb chapel held government permit school property used presentation views family issues child rearing except dealing subject matter religious standpoint case like lamb chapel properly raises issue reasonableness milford criteria restricting scope designated public forum milford opened school property among things instruction branch education learning arts social civic recreational meetings entertainment events uses pertaining welfare community provided uses shall nonexclusive shall opened general public app pet cert milford done subject restriction chool premises shall used religious purposes district stated good news object reasonableness milford policy prohibits use facilities religious purposes sole question district therefore whether refusing allow good news intended use milford misapplying unchallenged restriction way amounted imposing restriction said done group entitled use forum educational civic permitted purpose question whether good news disqualified merely sought use school property way milford boy girl scouts club district held basis undisputed facts good news activity essentially unlike presentation views secular issues religious standpoint held protected lamb chapel see app pet cert instead activity precluded milford unchallenged policy religious use even narrowest definition term appeals understood issue way see good news argues exclude club teaches morals values christian perspective constitutes unconstitutional viewpoint discrimination crux good news club argument milford school application community use policy exclude club facilities viewpoint neutral appeals also realized lamb chapel criterion appropriate measure activities good news club involve merely religious perspective secular subject morality cf lamb chapel supra district exclude religious standpoint discussion childrearing family values undisputed use social civic purposes otherwise permitted use policy appeals agreed district undisputed facts case differ lamb chapel night day sampling facts shows courts correct good news classes open close prayer sample lesson considered district children instructed bible tells us sins forgiven receiving lord jesus christ tells us live please received lord jesus saviour sin belong god special group family app pet cert ellipsis original lesson plan instructs teacher lead child christ reading bible verse mphasize verse bible god word important true god said lesson exhorts teacher sure give opportunity unsaved children class respond gospel cautions neglect ing responsibility good news program utilizes songs games heart meeting challenge invitation repeated various times throughout lesson challenge saved children already believe lord jesus savior challenged stop ask god strength want obey ibid instructed know jesus savior need place god first life know jesus savior like pray separately individually challenge know jesus savior rely god strength obey ibid invitation teacher invites unsaved children trust lord jesus savior sin receiv savior sin children instructed believe god word says sin jesus died rose forever life today please bow heads close eyes never believed lord jesus savior like please show raising hand raised hand show want believe lord jesus please meet show god word receive everlasting life ibid beyond question good news intends use public school premises mere discussion subject particular christian point view evangelical service worship calling children commit act christian majority avoids reality resorting bland general characterization good news activity teaching morals character religious standpoint see ante majority statement ignores reality surely today holding may understood equally generic terms otherwise indeed case stand remarkable proposition public school opened civic meetings must opened use church synagogue mosque ii also respectfully dissent majority refusal remand issues insisting instead acting first instance reviewing milford claim violate establishment clause grant good news application milford raised claim demonstrate compelling interest saying good news even erroneous assumption lamb chapel public forum analysis otherwise require milford say yes whereas district appeals resolved case entirely ground milford actions offend first amendment speech clause majority sees fit rule application establishment clause derogation proper role review national collegiate athletic assn smith decide first instance issues decided usual insistence resisting temptations convert trial remaining review mere procedural nicety objection turning us district hinge preference immutable procedural rules respect role reviewing rests rather recognizing often learn good deal considering district appeals worked way difficult issue rests recognizing issue first conceived may come seen differently case moves trial appeal likely contribute something value act benefit whatever refinement may come course litigation customary refusal become trial reflects simple fact develop record well trial trial judge example balk deciding summary judgment whether establishment clause violation occur without statements undisputed facts uncontradicted affidavits showing example whether good news conducts instruction time extracurricular athletic activities conducted school staff volunteers see brief respondent whether community groups use school facilities immediately classes end many students participate groups extent good news students membership may dominate forum way heightens perception official endorsement rosenberger rector visitors univ concurring see also widmar vincent never know facts course better position majority perform establishment clause analysis first instance like majority lack benefit development district appeals might provide like majority say sure complete record may however speak doubtful underpinnings majority conclusion accepted independent obligation obey establishment clause sufficiently compelling satisfy strict scrutiny first amendment see interest government complying constitutional obligations may characterized compelling lamb chapel concurring majority concludes endorsement effect question milford case context materially indistinguishable facts lamb chapel widmar ante fact majority position say principal grounds based establishment clause holdings cases clearly absent widmar held establishment clause bar religious student group using public university meeting space worship well discussion reasonable observers might perceive government endorsement religion pointed forum used university students course young adults less impressionable younger students able appreciate university policy one neutrality toward religion effect remarked large number groups meeting campus negated reasonable inference university support mere fact campus meeting place ibid forum available broad class nonreligious well religious speakers fact recognized student groups university absence empirical evidence religious groups dominate university open forum see also provision benefits broad spectrum groups important index secular effect enough show use probably create impression religious endorsement pointed university case issued student handbook explicit disclaimer university name identified way aims policies programs products opinions organization members lamb chapel involved evening film series open general public given subject matter directed adult audience see school property repeatedly used wide variety private organizations say assurance nder circumstances realistic danger community think district endorsing religion particular creed know case looks little like widmar lamb chapel cohort addressed good news university students relative maturity even high school pupils elementary school children young establishment clause cases consistently recognized particular impressionability schoolchildren see edwards aguillard special protection required elementary grades school forum see county allegheny american civil liberties union greater pittsburgh chapter held difference college students grade school pupils distinction warrants difference constitutional results edwards aguillard supra internal quotation marks citation omitted milford limited forum anything like sites intellectual exchange home challenged activities widmar lamb chapel see also rosenberger plurality opinion extent religious club merely one many different voluntary clubs students perceive message government endorsement religion timing format good news gatherings hand may well affirmatively suggest imprimatur officialdom minds young children club open solely elementary students entire community lamb chapel four outside groups identified meeting school good news seemingly one whose instruction follows immediately conclusion official school day see brief national school boards association et al amici curiae although school good news apparently requested use school beginning tuesdays school year instruction begin promptly see lodging exh time children compelled law attend school surely remain building good news religious meeting follows regular school activities closely good news instructor must wait begin room clear people room app starting proceedings classroom located next regular rooms fact temporal physical continuity good news meetings regular school routine seems whole point using school meetings held community church children attended school became site number went lodging exh even summary judgment record record lacking whatever supplementation trial process might led devoid insight trial appellate judges might contributed addressing establishment clause say good case good news exercises blur line public classroom instruction private religious indoctrination leaving reasonable elementary school pupil unable appreciate former instruction business school latter evangelism thus facts know think know point away majority conclusion consolation may nothing really gets resolved judicial process truncated much recommend today result footnotes district dismissed club claim religious freedom restoration act held act unconstitutional city boerne flores see supp ndny although milford argued permit property used purpose religious activity see brief appellee merely asserts one sentence accordance state law closed limited open forum purely religious instruction services brief respondent milford elaborate difficult discern whether arguing required state law exclude club activities appeals milford cited trietley board ed buffalo app div new york held local school district permit student bible club meet school property eligious purposes included enumerated purposes school may used section education law although conceded bible clubs might provide incidental secular benefits nonetheless concluded school violated establishment clause permitted club activities campus hold exclusion club basis religious perspective constitutes unconstitutional viewpoint discrimination defense milford purely religious purposes excluded state law find remarkable appeals majority cite lamb chapel despite obvious relevance case necessarily expect appeals catalog every opinion reverses one precedents nonetheless oversight particularly incredible majority attention directed every turn see jacobs dissenting square majority analysis case lamb chapel supp app district stating lamb chapel rosenberger pinpoint critical issue case brief appellee brief appellants pp despite milford insistence club activities constitute religious worship appeals made determination compare club activities religious worship ultimately concluded merely club activities fall outside bounds pure moral character development event conclude club activities constitute mere religious worship divorced teaching moral values justice souter recitation club activities accurate see post opinion souter view religion used club fashion used lamb chapel students rosenberger religion viewpoint ideas conveyed find rosenberger students attempt cultivate personal relationship christ bar claim religion viewpoint see reason treat club use religion something viewpoint merely evangelical message conveys according justice souter club activities constitute evangelical service worship post regardless label justice souter wishes use matters substance club activities conclude materially indistinguishable activities lamb chapel rosenberger worth noting although milford repeatedly argued club meeting time directly schoolday relevant establishment clause concerns record reflect offer school district permit club use facilities different time day superintendent stated reason denying applications simply club activities religious instruction event consistent lamb chapel widmar school deny equal access club time generally available public use milford also cites illinois ex rel mccollum board ed school dist champaign position club religious element advanced state compulsory attendance laws mccollum school district excused students normal classroom study regular schoolday attend classes taught sectarian religious teachers subject approval school superintendent circumstances found relevant operation state compulsory education system assist ed wa integrated program religious instruction carried separate religious sects present case simply integration cooperation school district club club activities take place time children compelled state law school milford also refers board ed westside community schools dist mergens support view assumptions ability students make subtle distinctions schoolteachers schoolday reverend fournier school less valid elementary age children tend less informed impressionable subject peer pressure average adults brief respondent four justices mergens believed high school students likely capable distinguishing government private endorsement religion see opinion opinion however made statement capable discerning endorsement elementary school children context mergens activity issue school event even extent elementary school children prone peer pressure older children simply clear case pressured support argument impressionability elementary school children even school significant milford points several cases found establishment clause violations public schools example milford relies heavily school dist abington township schempp found unconstitutional pennsylvania practice permitting public schools read bible verses opening schoolday schempp however inapposite case involve activity school schoolday milford also relies equal access act stat evidence congress recognized vulnerability elementary school children misperceiving endorsement religion act however makes express recognition impressionability elementary school children applies public secondary schools makes mention elementary schools derive meaning choice congress address elementary schools parties briefed establishment clause issue extensively neither suggests remand assistance issue although justice souter prefer record developed several facts see post justice breyer believes development facts yet dispositive case see post none facts relevant establishment clause inquiry example justice souter suggests determine whether establishment clause violation unless know extent groups use facilities limited public forum available use groups presenting viewpoint however find establishment clause violation simply groups presenting religious viewpoint opted take advantage forum particular time footnotes regard note inaccuracy justice souter claim reasonableness forum limitation properly us see post dissenting opinion petitioners argued papers filed district memorandum law support summary judgment ndny pp brief filed appeal brief appellants pp respondent exclusion forum unreasonable light purposes served forum although district say passing reasonableness respondent general restriction use facilities religious purposes challenged see ndny appeals apparently decided particular reasonableness challenge brought petitioners preserved addressed argument merits see taking first reasonableness criterion club argues restriction unreasonable argument foreclosed precedent neither disagreement center mode club speech fact sings songs plays games although forum perhaps opened lectures plays debates concerts respondent placed restrictions use facilities see app allowing seminars concerts plays drawn different distinction religious speech generally speech religion regard restrictions state must place speech pervasive state monitoring unproblematic see school dist abington township schempp state schools official capacity may teach religion may teach religion whatever rule licensing monitoring private religious speech entirely different matter see kunz new york even limited public forum state authority draw distinctions footnotes school district example consistently present policy allow school facilities used group affirmatively attempted inculcate nonbelief god view morality wholly unrelated belief god nothing record however indicates group allowed use school facilities perceptive observer sees material difference light day dark night knows difference reality even though two separated bright line zone twilight buirkle hanover insurance supp mass majority elides distinction religious speech particular topic religious speech seeks primarily inculcate belief thus relies rosenberger rector visitors univ case involved precisely type speech issue wide awake organization rosenberger good news club engage mixture different types religious speech rosenberger clearly believed first type religious speech predominated wide awake described group publications follows first issue articles racism crisis pregnancy stress prayer lewis ideas evil free reviews religious music next two issues wide awake featured stories homosexuality christian missionary work eating disorders well music reviews interviews university professors contrast wide awake emphasis providing christian commentary diverse array topics good news club meetings dominated religious exhortation see post souter dissenting position therefore consistent decision rosenberger footnotes appeals held challenge policy reasonableness foreclosed precedent holding majority leaves untouched see ante need decide whether unreasonable light purposes served forum cf ante hold exclusion club basis religious perspective constitutes unconstitutional viewpoint discrimination defense milford purely religious purposes excluded state law event reasonableness forum limitation beyond scope appeal summary judgment since district said explicitly religious use limitation challenged true majority notes ante appeals cite lamb chapel name followed substance cite earlier opinion written author panel opinion bronx household faith community school dist discussed lamb chapel length majority rejects milford contention good news activities fall outside purview limited forum constitute religious worship ground appeals made determination regarding character club program see ante distinction merely semantic light appeals conclusion difficult see club activities differ materially religious worship described case law record justice stevens distinguishes proselytizing worship ante dissenting opinion distinguishes discussion reflecting religious point view agree justice stevens good news activities may characterized proselytizing therefore outside purpose milford limited forum ante like appeals also believe good news meetings elements worship put club activities afield milford limited forum policy legitimacy unchallenged summary judgment proceeding certainly correct parents required give permission children attend good news classes see ante parents often required host official school extracurricular activities correct parents likely confused sponsorship good news classes proper focus concern assessing effects includes elementary school pupils invited meetings lodging exh see peers heading classrooms religious instruction classes end addressed challenge invitation fact may evidence record individual students confused time good news club met school premises pursuant district preliminary injunction immaterial cf brief petitioners justice explained capitol square review advisory bd pinette endorsement test focus actual perception individual observers naturally differing degrees knowledge perspective hypothetical observer opinion concurring part concurring judgment