widmar vincent argued october decided december university missouri kansas city state university makes facilities generally available activities registered student groups registered student religious group previously received permission conduct meetings university facilities informed longer university regulation prohibiting use university buildings grounds purposes religious worship religious teaching members group brought suit federal district alleging regulation violated inter alia rights free exercise religion freedom speech first amendment district upheld regulation justified required establishment clause first amendment appeals reversed viewing regulation discrimination religious speech find compelling justification holding establishment clause bar policy equal access facilities open groups speakers kinds held university exclusionary policy violates fundamental principle state regulation speech pp created forum generally open use student groups university order justify discriminatory exclusion forum based religious content group intended speech must satisfy standard review appropriate exclusions must show regulation necessary serve compelling state interest narrowly drawn achieve end pp although university interest complying constitutional obligations establishment clause may characterized compelling equal access policy incompatible clause policy offend establishment clause pass following test secular legislative purpose principal primary effect neither advance inhibit religion foster excessive government entanglement religion conceded equal access policy meet first third prongs test context case absence evidence religious groups dominate university forum advancement religion forum primary effect equal access policy therefore satisfy test second prong well pp state interest achieving greater separation church state already ensured establishment clause sufficiently compelling justify discrimination religious speech student group question pp powell delivered opinion burger brennan marshall blackmun rehnquist joined stevens filed opinion concurring judgment post white filed dissenting opinion post ted ayres argued cause petitioners brief jackson wright james smart argued cause respondents brief michael whitehead briefs amici curiae urging affirmance filed joel paget association coordination university religious affairs wilkes robinson jane nelson bible study edward mcglynn gaffney kenneth ripple center constitutional studies et al barry fisher holy spirit association unification world christianity nathan lewin daniel chazin dennis rapps national jewish commission law public affairs wilfred caron catholic conference briefs amici curiae urging reversal filed jerold blumoff marc stern american jewish congress justin finger jeffrey sinensky meyer eisenberg league briefs amici curiae filed earl trent baptist joint committee public affairs robert brame john whitehead james knicely national association evangelicals donald reidhaar regents university california justice powell delivered opinion case presents question whether state university makes facilities generally available activities registered student groups may close facilities registered student group desiring use facilities religious worship religious discussion stated policy university missouri kansas city encourage activities student organizations university officially recognize student groups routinely provides university facilities meetings registered organizations students pay activity fee per semester help defray costs university registered religious group named cornerstone regularly sought received permission conduct meetings university facilities however university informed group longer meet university buildings exclusion based regulation adopted board curators prohibits use university buildings grounds purposes religious worship religious teaching eleven university students members cornerstone brought suit challenge regulation federal district western district missouri alleged university discrimination religious activity discussion violated rights free exercise religion equal protection freedom speech first fourteenth amendments constitution upon summary judgment district upheld challenged regulation chess widmar supp found regulation justified required establishment clause federal constitution tilton richardson reasoned state provide facilities religious use without giving prohibited support institution religion district rejected argument university discriminate religious speech basis content found religious speech entitled less protection types expression appeals eighth circuit reversed chess widmar rejecting analysis district viewed university regulation discrimination religious speech find compelling justification held establishment clause bar policy equal access facilities open groups speakers kinds according appeals primary effect policy advance religion rather neutral purpose developing students social cultural awareness well intellectual curiosity ibid quoting university bulletin description student activities program reprinted granted certiorari affirm ii policy accommodating meetings university created forum generally open use student groups done university assumed obligation justify discriminations exclusions applicable constitutional norms constitution forbids state enforce certain exclusions forum generally open public even required create forum first place see madison joint school district wisconsin employment relations although state may conduct business private session state opened forum direct citizen involvement exclusions bear heavy burden justification southeastern promotions conrad municipal theater public forum city exclude production without satisfying constitutional safeguards applicable prior restraints university institutional mission describes providing secular education students brief petitioners exempt actions constitutional scrutiny respect persons entitled cases leave doubt first amendment rights speech association extend campuses state universities see healy james tinker des moines independent school district shelton tucker umkc discriminated student groups speakers based desire use generally open forum engage religious worship discussion forms speech association protected first amendment see heffron international society krishna consciousness niemotko maryland saia new york order justify discriminatory exclusion public forum based religious content group intended speech university must therefore satisfy standard review appropriate exclusions must show regulation necessary serve compelling state interest narrowly drawn achieve end see carey brown iii case university claims compelling interest maintaining strict separation church state derives interest establishment clauses federal missouri constitutions university first argues offer facilities religious groups speakers terms available groups without violating establishment clause constitution agree interest university complying constitutional obligations may characterized compelling follow however equal access policy incompatible establishment clause cases cases hold policy offend establishment clause pass test first governmental policy must secular legislative purpose second principal primary effect must one neither advances inhibits religion finally policy must foster excessive government entanglement religion lemon kurtzman see committee public education regan roemer maryland public works case two prongs test clearly met district appeals held policy including nondiscrimination religious speech secular purpose avoid entanglement religion district concluded university argues allowing religious groups share limited public forum primary effect advancing religion university argument misconceives nature case question whether creation religious forum violate establishment clause university opened facilities use student groups question whether exclude groups content speech see healy james context unpersuaded primary effect public forum open forms discourse advance religion oblivious range open forum likely effects possible perhaps even foreseeable religious groups benefit access university facilities explained religious organization enjoyment merely incidental benefits violate prohibition primary advancement religion committee public education nyquist see roemer maryland public works hunt mcnair mcgowan maryland satisfied religious benefits open forum umkc incidental within meaning cases two factors especially relevant first open forum public university confer imprimatur state approval religious sects practices appeals quite aptly stated policy commit university religious goals committed goals students democratic society young socialist alliance group eligible use facilities second forum available broad class nonreligious well religious speakers recognized student groups umkc provision benefits broad spectrum groups important index secular effect see wolman walter committee public education nyquist supra establishment clause barred extension general benefits religious groups church protected police fire departments public sidewalk kept repair roemer maryland public works supra plurality opinion quoted committee public education regan least absence empirical evidence religious groups dominate umkc open forum agree appeals advancement religion forum primary effect arguing state missouri gone federal constitution proscribing indirect state support religion university claims compelling interest complying applicable provisions missouri constitution missouri courts ruled whether general policy accommodating student groups applied equally wishing gather engage religious nonreligious speech offend state constitution need however determine missouri courts decide issue also unnecessary us decide whether supremacy clause state interest derived constitution ever outweigh free speech interests protected first amendment limit holding case us one hand respondents first amendment rights entitled special constitutional solicitude cases required exacting scrutiny cases state undertakes regulate speech basis content see carey brown police dept chicago mosley hand state interest asserted achieving greater separation church state already ensured establishment clause federal constitution limited free exercise clause case free speech clause well constitutional context unable recognize state interest sufficiently compelling justify discrimination respondents religious speech iv holding case way undermines capacity university establish reasonable time place manner regulations question right university make academic judgments best allocate scarce resources determine academic grounds may teach may taught shall taught may admitted study sweezy new hampshire frankfurter concurring result see university california regents bakke opinion powell announcing judgment finally affirm continuing validity cases healy james recognize university right exclude even first amendment activities violate reasonable campus rules substantially interfere opportunity students obtain education basis decision narrow created forum generally open student groups university seeks enforce exclusion religious speech exclusionary policy violates fundamental principle state regulations speech university unable justify violation applicable constitutional standards reason decision appeals affirmed footnotes cornerstone organization evangelical christian students various denominational backgrounds according affidavit filed perhaps twenty students participate actively cornerstone form backbone campus organization affidavit florian chess quoted chess widmar supp wd mo cornerstone held meetings classrooms student center meetings open public attracted students typical cornerstone meeting included prayer hymns bible commentary discussion religious views experiences pertinent regulations provide follows university buildings grounds except chapels herein provided may used purposes religious worship religious teaching either student nonstudent groups general prohibition use university buildings grounds religious worship religious teaching policy required opinion board curators constitution laws state open construction regulations shall interpreted forbid offering prayer appropriate recognition religion public functions held university facilities regular chapels established university grounds may used religious services regular recurring services groups special rules procedures shall established chapel chancellor specifically directed advantage shall given religious group although university routinely approved cornerstone meetings district found university officials never authorized student organization utilize university facility meeting full knowledge purposes meeting include religious worship religious teaching chess widmar supra respondent clark vincent florian chess named plaintiff action district among students initiated action october named defendants petitioner gary widmar dean students umkc university board curators recognized campus public university least students possesses many characteristics public forum see generally police dept chicago mosley cox louisiana college classroom surrounding environs peculiarly marketplace ideas healy james moreover capacity group individual participate intellectual give take campus debate limited denial access customary media communicating administration faculty members students therefore held students enjoy first amendment rights speech association campus denial particular groups use campus facilities meetings appropriate purposes must subjected level scrutiny appropriate form prior restraint time however cases recognized first amendment rights must analyzed light special characteristics school environment tinker des moines independent school district continue adhere view university differs significant respects public forums streets parks even municipal theaters university mission education decisions never denied university authority impose reasonable regulations compatible mission upon use campus facilities held example campus must make facilities equally available students nonstudents alike university must grant free access grounds buildings dissent argues religious worship speech generally protected free speech guarantee first amendment equal protection guarantee fourteenth amendment religious worship protected speech dissent reasons religion clauses emptied independent meaning circumstances religious practice took form speech post novel argument dissent deny speech religion speech entitled general protections first amendment see post argue descriptions religious experiences fail qualify speech repudiate last term decision heffron international society krishna consciousness assumed religious appeals nonbelievers constituted protected speech rather dissent seems attempt distinction kinds religious speech explicitly protected cases new class religious speech act post constituting worship least three difficulties distinction first dissent fails establish distinction intelligible content indication singing hymns reading scripture teaching biblical principles post cease singing teaching reading apparently forms speech despite religious subject matter become unprotected worship second even distinction drew arguably principled line highly doubtful lie within judicial competence administer cf fowler rhode island merely draw distinction require university ultimately courts inquire significance words practices different religious faiths varying circumstances faith inquiries tend inevitably entangle state religion manner forbidden cases walz tax finally dissent fails establish relevance distinction seeks rely dissent apparently wishes preserve vitality establishment clause see post gives reason establishment clause provision constitution require different treatment religious speech designed win religious converts see heffron supra religious worship persons already converted far clear state gives greater support latter case former see also healy james supra remembered effect college denial recognition form prior restraint denying petitioners organization range associational activities described college legitimate interest preventing disruption campus may justify restraint heavy burden rests college demonstrate appropriateness action congress shall make law respecting establishment religion amdt establishment clause made applicable fourteenth amendment see cantwell connecticut dissent emphasizes establishment clause requires state distinguish religious speech speech undertaken approved state primary effect support establishment religion nonreligious speech speech undertaken approved state primary effect support establishment religion distinction required plain text constitution followed cases stone graham dissent attempts equate distinction view alleged constitutional difference religious speech religious worship see post think distinction advanced dissent lacks foundation either constitution cases judicially unmanageable avowed purpose umkc provide forum students exchange ideas university argues use forum religious speech undermine secular aim creating forum university thereby endorse promote particular ideas aired undoubtedly many views advocated forum university desires association case involves forum already made generally available student groups differs cases invalidated statutes permitting school facilities used instruction religious groups others see mccollum board education cases school may appear sponsor views speaker agree appeals university risk greater entanglement attempting enforce exclusion religious worship religious speech see chess widmar initially university need determine words activities fall within religious worship religious teaching alone prove impossible task age many various beliefs meet constitutional definition religion andrus app omitted see tribe american constitutional law also continuing need monitor group meetings ensure compliance rule finding equal access policy primary effect advancing religion district case relief primarily tilton richardson tilton upheld grant federal financing assistance sectarian colleges secular purposes circumscribed terms grant ensure constitutionality although congress provided federally subsidized buildings used sectarian religious worship years considered restriction insufficient end years building example converted chapel otherwise used promote religious interests original federal grant part constitutionally impermissible effect advancing religion statement district derived proposition state funds may used provide maintain buildings used religious organizations believe tilton read broadly tilton concerned sectarian institution might convert federally funded buildings religious uses otherwise stamp imprimatur religion nothing tilton suggested limitation state capacity maintain forums equally open religious discussion cases tilton acknowledged right religious speakers use public forums equal terms others see heffron international society krishna consciousness saia new york case different cases religious groups claim denial facilities available groups deprives rights free exercise clause university forum already available groups respondents claim use forum rest solely rights claimed free exercise clause respondents claim also implicates first amendment rights speech association bases speech association rights decide case accordingly need inquire extent free exercise interests infringed challenged university regulation neither reach questions arise state accommodation free exercise free speech rights particular case conflict prohibitions establishment clause university students course young adults less impressionable younger students able appreciate university policy one neutrality toward religion see tilton richardson supra university argues cornerstone students admitted affidavits tudents know something campus student organization likely feel comfortable attending meeting affidavit florian frederick chess app light large number groups meeting campus however doubt students draw reasonable inference university support mere fact campus meeting place university student handbook already notes university name identified way aims policies programs products opinions organization members umkc student handbook similarly rejected recurrent agreement aid parochial schools forbidden aid one aspect institution frees spend resources religious ends hunt mcnair see americans rogers mo en banc holding missouri constitution requires stricter separation church state federal constitution cert denied harfst hoegen mo mo en banc see mo art art luetkemeyer kaufmann supp wd mo aff district found missouri compelling interest compliance constitution art vi cl see grayned city rockford nature place pattern normal activities dictate kinds regulations time place manner reasonable quoting wright constitution campus vand rev opinion concurring judgment post justice stevens expresses concern use terms compelling state interest public forum may undermine academic freedom public universities text makes clear concern unjustified see also supra holding limited context public forum created university self justice stevens concurring judgment recognizes every university must make academic judgments best allocate scarce resources ante appears hold however judgments must serve compelling state interest wherever based even part content speech ante conclusion apparently flows suggestion student activities program public may excluded ante must managed though public forum opinion use terms compelling state interest public forum analyze question presented case may needlessly undermine academic freedom public universities today major colleges universities operated public authority nevertheless facilities open public way streets parks university facilities private public maintained primarily benefit student body faculty performing learning teaching missions managers university routinely make countless decisions based content communicative materials select books inclusion library hire professors basis academic philosophies select courses inclusion curriculum reward scholars written addition encouraging students participate extracurricular activities necessarily make decisions concerning content activities every university resources limited educational institution must routinely make decisions concerning use time space available extracurricular activities judgment necessary appropriate decisions evaluate content proposed student activity think obvious example two groups students requested use room particular time one view mickey mouse cartoons rehearse amateur performance hamlet first amendment require room reserved group submitted application first see university establish compelling state interest defend decision permit one group use facility opinion university allowed decide whether program illuminates genius walt disney given precedence one may duplicate material adequately covered classroom judgments kind made academicians federal judges standards decision encumbered ambiguous phrases like compelling state interest thus subscribe view public university greater interest content student activities police chief content soapbox oration capitol hill university legitimately may regard subjects relevant educational mission others university like police officer may allow agreement disagreement viewpoint particular speaker determine whether access forum granted state university deny recognition student organization give lesser right use school facilities student must valid reason healy james case agree university established sufficient justification refusal allow cornerstone group engage religious worship campus primary reason advanced discriminatory treatment university fear violating establishment clause since record discloses danger university appear sponsor particular religion since student participation cornerstone meetings entirely voluntary properly concludes university fear groundless justification put one side university met burden imposed healy university reliance establishment clause missouri state constitution provide sufficient justification discriminatory treatment case said believe university may exercise measure control agenda student use school facilities preferring subjects others without needing identify compelling state interests quite obviously however university allow group republicans presbyterians meet denying democrats mormons privilege seems apparent policy attack allow groups young philosophers meet discuss skepticism exists group political scientists meet debate accuracy view religion opium people school facilities may used discuss anticlerical doctrine seems comparable use group desiring express belief god must also permitted fact expression faith includes ceremonial conduct opinion sufficient reason suppressing discussion entirely accordingly although endorse reasoning concur judgment stated order justify discriminatory exclusion public forum based religious content group intended speech university must therefore satisfy standard review appropriate exclusions ante see also ante page holding limited context public forum created university sweezy new hampshire justice frankfurter forcefully spoke grave harm resulting governmental intrusion intellectual life university concurring result justice frankfurter quoted approval portions address huxley business university provide atmosphere conducive speculation experiment creation atmosphere prevail four essential freedoms university determine academic grounds may teach may taught shall taught may admitted study illinois elections bd socialist workers party justice blackmun expressed concern seems continuing tendency use tests easy phrases compelling state interest least drastic restrictive means never able fully appreciate compelling state interest means convincingly controlling incapable overcome upon balancing process course test merely announces inevitable result test test least drastic means slippery slope also signal result chosen reach judge unimaginative indeed come something little less drastic little less restrictive almost situation thereby enable vote strike legislation concurring opinion citation omitted healy stated opinions also assumed petitioner burden showing entitlement recognition college petitioners challenged procedural requirement file application conformity rules college question view courts final rejection rest failure convince administration organization unaffiliated national students democratic society reasons stated later opinion consider issue affiliation controlling one apart particular issue petitioners failed application conformity requirements burden upon college administration justify decision rejection remembered effect college denial recognition form prior restraint denying petitioners organization range associational activities described college legitimate interest preventing disrupting campus circumstances requiring safeguarding interest may justify restraint heavy burden rests college demonstrate appropriateness action footnotes citations omitted university asserted determination keep church state completely separate pursuant alleged dictates missouri constitution without qualification regulations issue provide regulations shall interpreted forbid offering prayer appropriate recognition religion public functions held university facilities see ante see farber content regulation first amendment revisionist view geo justice white dissenting affirming decision appeals majority rejects petitioners argument establishment clause constitution prohibits use university buildings religious purposes state university may permit property used purely religious services without violating first fourteenth amendments agree see committee public education nyquist white dissenting lemon kurtzman opinion white establishment clause however sets limits state may respect religious organizations establish state required long argued establishment clause limits state action incidentally aids religion strict held step permissible necessary however long one view room religion clauses state policies may beneficial effect religion also room state policies may incidentally burden religion words believe state good deal freer formulate policies affect religion divergent ways majority see sherbert verner harlan dissenting majority position inevitably lead contradictions tensions establishment free exercise clauses warned justice stewart sherbert verner supra university regulation issue provides pertinent part university buildings grounds except chapels herein provided may used purposes religious worship religious teaching either student nonstudent groups student congregations local churches recognized denominations sects although technically recognized campus groups may use facilities regulations apply recognized campus organizations provided university facilities may used purposes religious worship religious teaching large part respondents argument accepted accepted majority founded proposition religious worship uses speech protected free speech clause first amendment protected argue religious worship qua speech different variety protected speech matter constitutional principle believe proposition plainly wrong right religion clauses emptied independent meaning circumstances religious practice took form speech although majority describes argument novel ante believe clearly supported previous cases last term found sufficiently obvious establishment clause prohibited state posting copy ten commandments classroom wall statute requiring posting summarily struck stone graham case necessarily presumed state ignore religious content written message permitted treat content must treat secular messages first amendment protection speech similarly decisions prohibiting prayer public schools rest distinction varieties speech speech act apart content prayer indistinguishable biology lesson see abington school district schempp engel vitale operation free exercise clause equally dependent certain circumstances recognition distinction religious secular speech thus torcaso watkins struck violative free exercise clause state requirement made declaration belief god condition state employment declaration speech act content speech brought case within scope free exercise clause majority right distinction may drawn verbal acts worship verbal acts cases reconsidered although agree line may difficult draw many cases surely majority seriously suggest line may ever drawn case majority uphold university right offer class entitled sunday mass majority view class matter constitutional principle indistinguishable class entitled history catholic church may instances state attempt disentangle religious worship intrude upon secular speech religion case state action subject challenge free speech clause first amendment case case involves religious worship fact worship accomplished speech add anything respondents argument argument must rely upon claim state action impermissibly interferes free exercise respondents religious practices although close question conclude plausible analogies either side suggest respondents argue majority agrees permitting student group use facilities communicative purposes religious worship university created public forum ante ample support argue state may make distinctions groups may use messages may conveyed forum see police department chicago mosley cox louisiana right religious nondiscriminatory access public forum well established see niemotko maryland murdock pennsylvania moreover clear bounds beyond university go enforcing regulation suppose prevent students saying grace meals school cafeteria prevent distribution religious literature campus petitioners hand argue allowing use facilities religious worship constitutionally indistinguishable directly subsidizing religious services fun specifically religious activity otherwise substantially secular setting hunt mcnair argue fact secular student groups entitled subsidy issue establish religious group entitled subsidy convincingly argue example state university pays basketballs basketball team thereby required pay bibles group like cornerstone third analogy suggests one falls two extremes variety state policies incidentally benefit religion upheld without implying constitutionally required state see board education allen state loan textbooks parochial school students zorach clauson release students public schools school hours perform religious activities away school grounds everson board education state provision transportation parochial school students provision university facilities uniform basis student groups different provision textbooks transportation perspective issue whether state must must open facilities religious worship rather whether state may choose analogies persuasive lead different results however limited help reaching decision also demonstrate difficulty reconciling various interests expressed religion clauses view therefore resolution case best achieved returning first principles requires assessment burden respondents ability freely exercise religious beliefs practices state interest enforcing regulation respondents complain compliance regulation require meet block half campus conditions less comfortable previously available campus view burden free exercise minimal burden minimal state need demonstrate regulation furthers permissible state end state interest avoiding claims financing otherwise supporting religious worship maintaining definitive separation church state end state truly mean act toward end amply supported treatment religion state constitution thus believe interest state sufficiently strong justify imposition minimal burden respondents ability freely exercise religious beliefs facts therefore find application regulation prevent cornerstone holding religious worship services university facilities violates first fourteenth amendments hold majority university permits students others use property secular purposes must also furnish facilities religious groups purposes worship practice religion accordingly reverse judgment appeals cornerstone denied access university facilities intended use facilities regular religious services worship important part general atmosphere issue application regulation religious teaching reaching issue particularly inappropriate case nothing record indicates university interpreted phrase religious teaching even whether ever applied activity clearly religious worship district noted plaintiffs contend limited way holding campus meetings include religious worship services oral argument counsel university indicated regulation bar discussion biblical texts circumstances constitute religious worship tr oral arg sole question case involves application regulation prohibit regular religious worship services university buildings given majority entire argument turns description religious services speech surprising majority assumes proposition require argument majority assumes conclusion describing university action discriminating speakers based desire engage religious worship discussion ante noted clear university discriminated intends discriminate religious discussion preliminary matter even clear majority means religious discussion entered case religious worship form speech majority takes established three cases heffron international society krishna consciousness niemotko maryland saia new york none cases stand proposition heffron saia involved communication religious views nonreligious public audience talk religion religious beliefs however religious services worship niemotko equal protection challenge discriminatory denial one religious group access public park specifically stated addressing question whether state uniformly deny religious groups access public parks indeed majority opinion suggests intelligible distinction may drawn worship forms speech recognizes establishment clause requires line drawn majority adequately explain state required observe line one context prohibited voluntarily recognizing another context counsel respondents somewhat forthright recognizing extraordinary breadth argument majority counsel explicitly stated distinction speech worship collapsed university generally provides student groups access facilities constitutionally required allow facilities used church purpose holding regular church services tr oral arg similarly although majority opinion limits discussion student groups counsel respondents recognized first amendment argument relied upon apply equally nonstudent groups recognized respondents submission require university make available buildings catholic church denominations purpose holding religious services university facilities made available nonstudent groups words university avoid conversion one buildings church long religious group meets neutral requirements entry rent imposed groups obvious limits scope analogy know precedent holding simply public forum open kinds speech including speech religion must open regular religious worship services well doubt state need stand allow public forum become church religious sect chooses stand right access forum course limits subsidy argument sherbert verner thomas indiana employment security division demonstrate certain circumstances state may required subsidize least indirectly religious practices circumstances need subsidize similar behavior founded secular motives respondents also complain university action made religious message less attractive suggesting appropriate fare college campus give weight indistinguishable argument respondents entitled appearance endorsement beliefs practices university since missouri constitution contained provisions requiring separation church state missouri held state constitutional provisions explicit restrictive establishment clause constitution paster tussey