Presentation on theme: "Good News Club v. Milford Central School"— Presentation transcript:
1Good News Club v. Milford Central School Allison Fears
2Background 1992 : Policy formed that opened the school’s facilities 1996 : Good News Club asked superintendent to use school’s facilitiesDenied and the Club then went to the district court
3People to know Plaintiff: Good News Club Lawyer: Thomas MarcelleDefendant: Milford Central SchoolLawyer: Frank W. Miller
4The original caseFought at United States District Court for the Northern District of New YorkClub argued that the school had broken their 1st and 14th amendment rightsClub was teaching “moral values from a Christian perspective” (Court)Compared to FFA and Boy/Girl ScoutsCourt denied both arguments of law presented
5Court of appeals 2 issues of law 1) Did Milford Central School violate “the free speech rights of the Good News Club when it excluded the club from meeting after hours at the school”2) Is there any such violation that is “justified by Milford’s concern that permitting the Club’s activities would violate the Establishment Clause?
6Court of appeals cont.Due to the Club’s events being typically religious and falling outside of the limitations of moral development, it was constitutional subject discrimination.The previous court case defined it as unconstitutional viewpoint discrimination.However, Judge Jacobs “filed a dissenting opinion in which he concluded that the school’s restriction did constitute viewpoint discrimination. Milford had “not raised a valid Establishment Clause claim” and therefore, the claim could not excuse the viewpoint discrimination.
7Transferred to supreme court Good News Club v. Milford Central School 553 U.S. 98 (2001)February 28, 2001 – June 11, 2001Court members: Chief Justice, William Rehnquist, and Associate Justices, John Stevens, Sandra Day, O’Connor, Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, Ruth Bader, Ginsburg, and Stephen Breyer
8Limited Forum District’s policy created a limited public forum Does not allow all forms of speech to take placeRestriction: cannot discriminate speech based on viewpointDiscrimination violated 1st amendmentFinal vote: Good news club—6 / Milford Central school—3
9Dissenting opinion Written by Stevens, Souter, and Ginsburg Religious speech is divided into three different kindsTopic in a religious perspective, Worship, and promoting the gospelCould forum allow the 1st kind without allowing the other two?Policy restricted activities pertaining to religious purposesSuperintendent stated that the policy allowed the teaching that God created the world but not the promotion of the gospelThe club’s activities involved all three kinds of speechSchool was not breaking forum but was hard to tell because of the different viewpoints on how speech is divided
10Political ImpactSchools open their doors to religious groups such as younglife and Wildlife to hold meetingsSimilar youth groups have had a major boost in popularity form supreme court caseThe more people that know = the bigger the spreadAlso put a huge impact on the current fight of religionin school
11Works CitedCourt Decision - Good News Club v. Milford Central School. n.d. <http://atheism.about.com/library/decisions/religion/bl_l_GoodNewsMilford.htm>.Good News Club v Milford Central School. n.d. <http://www.belcherfoundation.org/good_news_club_opinion.htm>.Good News Club v. Milford Central School. n.d. <http://www.oyez.org/cases/ /2000/2000_99_2036>.GOOD NEWS CLUB V. MILFORD CENTRAL SCHOOL. n.d. <http://www.law.cornell.edu/supct/html/99->.Good News Club v. Milford Central School (2001). n.d. <http://faculty.maxwell.syr.edu/tmkeck/Cases/GoodNewsClubvMilford2001.html>.
12Works Cited (pictures) "Thomas Marcelle." The Oyez Project at IIT Chicago-Kent College of Law. N.p., n.d. Web. 26 Nov <http://www.oyez.org/advocates/m/t/thomas_marcelle>.Web. 26 Nov <http://cefvolusia.org/resources/_wsb_100x100_Faces.png>.Web. 26 Nov <http://www.uticanational.com/ero/seminar/images/Miller.gif>.