Law & Courts

In the Court’s Words: Good News Club v. Milford Central School

June 20, 2001 9 min read
  • Save to favorites
  • Print

The following are excerpts from the majority, concurring, and dissenting opinions in the U.S. Supreme Court’s June 11 decision in Good News Club v. Milford Central School.


Majority Opinion | Concurring Opinions | Dissenting Opinions

Majority Opinion by Justice Clarence Thomas:

This case presents two questions. The first question is whether Milford Central School violated the free-speech rights of the Good News Club when it excluded the club from meeting after hours at the school. The second question is whether any such violation is justified by Milford’s concern that permitting the club’s activities would violate the establishment clause. We conclude that Milford’s restriction violates the club’s free-speech rights and that no establishment- clause concern justifies that violation....

Milford has opened its limited public forum to activities that serve a variety of purposes, including events “pertaining to the welfare of the community.” Milford interprets its policy to permit discussions of subjects such as child rearing, and of “the development of character and morals from a religious perspective.” For example, this policy would allow someone to use Aesop’s fables to teach children moral values. Additionally, a group could sponsor a debate on whether there should be a constitutional amendment to permit prayer in public schools, and the Boy Scouts could meet to influence a boy’s character, development, and spiritual growth. In short, any group that promotes the moral and character development of children is eligible to use the school building.

Just as there is no question that teaching morals and character development to children is a permissible purpose under Milford’s policy, it is clear that the club teaches morals and character development to children. For example, no one disputes that the club instructs children to overcome feelings of jealousy, to treat others well regardless of how they treat the children, and to be obedient, even if it does so in a nonsecular way. Nonetheless, because Milford found the club’s activities to be religious in nature—"the equivalent of religious instruction itself"—it excluded the club from use of its facilities.

Applying Lamb’s Chapel [v. Center Moriches Union Free School District (1993)], we find it quite clear that Milford engaged in viewpoint discrimination when it excluded the club from the after-school forum. ...

We disagree that something that is “quintessentially religious” or “decidedly religious in nature” cannot also be characterized properly as the teaching of morals and character development from a particular viewpoint. What matters for purposes of the free-speech clause is that we can see no logical difference in kind between the invocation of Christianity by the club and the invocation of teamwork, loyalty, or patriotism by other associations to provide a foundation for their lessons. It is apparent that the unstated principle of the court of appeals’ reasoning is its conclusion that any time religious instruction and prayer are used to discuss morals and character, the discussion is simply not a “pure” discussion of those issues. According to the court of appeals, reliance on Christian principles taints moral and character instruction in a way that other foundations for thought or viewpoints do not. We, however, have never reached such a conclusion. Instead, we reaffirm our holdings in Lamb’s Chapel and Rosenberger [v. Rector and Visitors of University of Virginia (1995)] that speech discussing otherwise permissible subjects cannot be excluded from a limited public forum on the ground that the subject is discussed from a religious viewpoint. Thus, we conclude that Milford’s exclusion of the club from use of the school, pursuant to its community-use policy, constitutes impermissible viewpoint discrimination....

Milford argues that, even if its restriction constitutes viewpoint discrimination, its interest in not violating the establishment clause outweighs the club’s interest in gaining equal access to the school’s facilities. In other words, according to Milford, its restriction was required to avoid violating the establishment clause. We disagree. ...

According to Milford, children will perceive that the school is endorsing the club and will feel coercive pressure to participate, because the club’s activities take place on school grounds, even though they occur during nonschool hours. This argument is unpersuasive....

[E]ven if we were to inquire into the minds of schoolchildren in this case, we cannot say the danger that children would misperceive the endorsement of religion is any greater than the danger that they would perceive a hostility toward the religious viewpoint if the club were excluded from the public forum. This concern is particularly acute given the reality that Milford’s building is not used only for elementary school children. Students, from kindergarten through the 12th grade, all attend school in the same building. There may be as many, if not more, upperclassmen than elementary school children who occupy the school after hours. For that matter, members of the public writ large are permitted in the school after hours pursuant to the community-use policy. Any bystander could conceivably be aware of the school’s use policy and its exclusion of the Good News Club, and could suffer as much from viewpoint discrimination as elementary school children could suffer from perceived endorsement.

We cannot operate, as Milford would have us do, under the assumption that any risk that small children would perceive endorsement should counsel in favor of excluding the club’s religious activity. We decline to employ establishment-clause jurisprudence using a modified heckler’s veto, in which a group’s religious activity can be proscribed on the basis of what the youngest members of the audience might misperceive....


Concurring Opinions

Justice Stephen G. Breyer:

I agree with the court’s conclusion and join its opinion to the extent that they are consistent with the following three observations. First, the government’s “neutrality” in respect to religion is one, but only one, of the considerations relevant to deciding whether a public school’s policy violates the establishment clause. As this court previously has indicated, a child’s perception that the school has endorsed a particular religion or religion in general may also prove critically important. Today’s opinion does not purport to change that legal principle.

Second, the critical establishment-clause question here may well prove to be whether a child, participating in the Good News Club’s activities, could reasonably perceive the school’s permission for the club to use its facilities as an endorsement of religion. The time of day, the age of the children, the nature of the meetings, and other specific circumstances are relevant in helping to determine whether, in fact, the club so dominates the forum that, in the children’s minds, a formal policy of equal access is transformed into a demonstration of approval.

Third, the court cannot fully answer the establishment-clause question this case raises, given its procedural posture....

Justice Antonin Scalia:

...I join Part IV of the court’s opinion, regarding the establishment clause issue, with the understanding that its consideration of coercive pressure and perceptions of endorsement to the extent that the law makes such factors relevant, is consistent with the belief (which I hold) that in this case that extent is zero. As to coercive pressure: Physical coercion is not at issue here; and so- called “peer pressure,” if it can even [be] considered coercion, is, when it arises from private activities, one of the attendant consequences of a freedom of association that is constitutionally protected. What is at play here is not coercion, but the compulsion of ideas-and the private right to exert and receive that compulsion (or to have one’s children receive it) is protected by the free speech and free exercise clauses, not banned by the establishment clause. A priest has as much liberty to proselytize as a patriot....


Dissenting Opinions

Justice John Paul Stevens:

...Distinguishing speech from a religious viewpoint, on the one hand, from religious proselytizing, on the other, is comparable to distinguishing meetings to discuss political issues from meetings whose principal purpose is to recruit new members to join a political organization. If a school decides to authorize after-school discussions of current events in its classrooms, it may not exclude people from expressing their views simply because it dislikes their particular political opinions. But must it therefore allow organized political groups—for example, the Democratic Party, the Libertarian Party, or the Ku Klux Klan—to hold meetings, the principal purpose of which is not to discuss the current-events topic from their own unique point of view but rather to recruit others to join their respective groups? I think not. Such recruiting meetings may introduce divisiveness and tend to separate young children into cliques that undermine the school’s educational mission.

School officials may reasonably believe that evangelical meetings designed to convert children to a particular religious faith pose the same risk. And, just as a school may allow meetings to discuss current events from a political perspective without also allowing organized political recruitment, so too can a school allow discussion of topics such as moral development from a religious (or nonreligious) perspective without thereby opening its forum to religious proselytizing or worship....

Justice David H. Souter,
joined by Justice Ruth
Bader Ginsburg:

...It is beyond question that Good News intends to use the public school premises not for the mere discussion of a subject from a particular, Christian point of view, but for an evangelical service of worship calling children to commit themselves in an act of Christian conversion. The majority avoids this reality only by resorting to the bland and general characterization of Good News’ activity as “teaching of morals and character, from a religious standpoint.” If the majority’s statement ignores reality, as it surely does, then today’s holding may be understood only in equally generic terms. Otherwise, indeed, this case would stand for the remarkable proposition that any public school opened for civic meetings must be opened for use as a church, synagogue, or mosque....

The cohort addressed by Good News is not university students with relative maturity, or even high school pupils, but elementary school children as young as 6. The establishment-clause cases have consistently recognized the particular impressionability of schoolchildren, and the special protection required for those in the elementary grades in the school forum....

The timing and format of Good News’ gatherings ... may well affirmatively suggest the imprimatur of officialdom in the minds of the young children.... In fact, the temporal and physical continuity of Good News’ meetings with the regular school routine seems to be the whole point of using the school. When meetings were held in a community church, eight or 10 children attended; after the school became the site, the number went up threefold....

[T]here is a good case that Good News’ exercises blur the line between public classroom instruction and private religious indoctrination, leaving a reasonable elementary school pupil unable to appreciate that the former instruction is the business of the school while the latter evangelism is not....

Related Tags:

A version of this article appeared in the June 20, 2001 edition of Education Week as In the Court’s Words: Good News Club v. Milford Central School

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Personalized Learning Webinar
Personalized Learning in the STEM Classroom
Unlock the power of personalized learning in STEM! Join our webinar to learn how to create engaging, student-centered classrooms.
Content provided by Project Lead The Way
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Webinar
Students Speak, Schools Thrive: The Impact of Student Voice Data on Achievement
Research shows that when students feel heard, their outcomes improve. Join us to learn how to capture student voice data & create positive change in your district.
Content provided by Panorama Education
School & District Management Live Online Discussion A Seat at the Table: How Can We ‘Disagree Better’? A Roadmap for Educators
Experts in conflict resolution, psychology, and leadership skills offer K-12 leaders skills to avoid conflict in challenging circumstances.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Iowa's Book Ban Is Reinstated by Appeals Court But Case Against It Will Continue
The Iowa law bars books depicting sex in school libraries and discussions of sexual orientation and gender identity in preK-6.
4 min read
An LGBTQ+ related book is seen on shelf at Fabulosa Books a store in the Castro District of San Francisco on Thursday, June 27, 2024. "Books Not Bans" is a program initiated and sponsored by the store that sends boxes of LGBTQ+ books to LGBTQ+ organizations in conservative parts of America, places where politicians are demonizing and banning books with LGBTQ+ affirming content.
An LGBTQ+ book section is seen at Fabulosa Books, a store in San Francisco, on June 27, 2024. A federal appeals court has reinstated an Iowa law that prohibits books depicting sex from public school libraries. Challengers claim the law has led school districts to remove scores of books out of fear of violating the law.
Haven Daley/AP
Law & Courts Louisiana Uses History, Pop Culture to Defend School Ten Commandments Mandate
Suggested options pair the Ten Commandments with Charlton Heston, Martin Luther King Jr., and Regina George of "Mean Girls."
6 min read
Louisiana Attorney General Liz Murrill, right, speaks alongside Louisiana Gov. Jeff Landry during a press conference regarding the Ten Commandments in schools Monday, Aug. 5, 2024, in Baton Rouge, La. Murrill announced on Monday that she is filing a brief in federal court asking a judge to dismiss a lawsuit seeking to overturn the state’s new law requiring that the Ten Commandments be displayed in every public school classroom.
Louisiana Attorney General Liz Murrill, right, speaks alongside Louisiana Gov. Jeff Landry during an Aug. 5, 2024, press conference in Baton Rouge, La., on the display of the Ten Commandments in public schools. Murrill is seeking to dismiss a lawsuit aiming to overturn the state’s law requiring that they be posted in every classroom.
Hilary Scheinuk/The Advocate via AP
Law & Courts Biden's Title IX Rule Takes Effect Amid a Confusing Legal Landscape
The rule that expands protections for LGBTQ+ students is effective Aug. 1, but injunctions currently block it in 26 states.
7 min read
The U.S. Supreme Court is seen on Thursday, June 29, 2023, in Washington.
The Biden administration's new Title IX regulation was set to take effect Aug. 1, but only in parts of the country as court injunctions block it in 26 states and the U.S. Supreme Court weighs a request to step into the debate.
AP
Law & Courts A District's Rule Against Misgendering Students Is Likely Constitutional
A federal appeals court did not block a policy barring students from using pronouns that don't align with a classmate's gender identity.
4 min read
Demonstrators advocating for transgender rights and healthcare stand outside of the Ohio Statehouse, Jan. 24, 2024, in Columbus, Ohio. A federal appeals court on Wednesday, July 17, refused to lift a judge's order temporarily blocking the Biden administration’s new Title IX rule meant to expand protections for LGBTQ+ students
Supporters of transgender rights and healthcare stand outside of the Ohio Statehouse on Jan. 24, 2024, in Columbus, Ohio. A federal appeals court has refused to block an Ohio school district's policy that bars students from intentionally misgendering classmates by using pronouns that don't align with students' gender identity.
Patrick Orsagos/AP