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GOOD NEWS CLUB V. MILFORD CENTRAL SCHOOL ALLISON FEARS.

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Presentation on theme: "GOOD NEWS CLUB V. MILFORD CENTRAL SCHOOL ALLISON FEARS."— Presentation transcript:

1 GOOD NEWS CLUB V. MILFORD CENTRAL SCHOOL ALLISON FEARS

2 BACKGROUND 1992 : Policy formed that opened the schools facilities 1996 : Good News Club asked superintendent to use schools facilities Denied and the Club then went to the district court

3 PEOPLE TO KNOW PLAINTIFF: GOOD NEWS CLUB LAWYER: THOMAS MARCELLE DEFENDANT: MILFORD CENTRAL SCHOOL LAWYER: FRANK W. MILLER ero/seminar/images/Miller.gif

4 THE ORIGINAL CASE FOUGHT AT UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK CLUB ARGUED THAT THE SCHOOL HAD BROKEN THEIR 1 ST AND 14 TH AMENDMENT RIGHTS CLUB WAS TEACHING MORAL VALUES FROM A CHRISTIAN PERSPECTIVE (COURT) COMPARED TO FFA AND BOY/GIRL SCOUTS COURT DENIED BOTH ARGUMENTS OF LAW PRESENTED

5 COURT 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 MILFORDS CONCERN THAT PERMITTING THE CLUBS ACTIVITIES WOULD VIOLATE THE ESTABLISHMENT CLAUSE?

6 COURT OF APPEALS CONT. DUE TO THE CLUBS 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 SCHOOLS RESTRICTION DID CONSTITUTE VIEWPOINT DISCRIMINATION. MILFORD HAD NOT RAISED A VALID ESTABLISHMENT CLAUSE CLAIM AND THEREFORE, THE CLAIM COULD NOT EXCUSE THE VIEWPOINT DISCRIMINATION.

7 TRANSFERRED TO SUPREME COURT GOOD NEWS CLUB V. MILFORD CENTRAL SCHOOL 553 U.S. 98 (2001) FEBRUARY 28, 2001 – JUNE 11, 2001 COURT MEMBERS: CHIEF JUSTICE, WILLIAM REHNQUIST, AND ASSOCIATE JUSTICES, JOHN STEVENS, SANDRA DAY, OCONNOR, ANTONIN SCALIA, ANTHONY KENNEDY, DAVID SOUTER, CLARENCE THOMAS, RUTH BADER, GINSBURG, AND STEPHEN BREYER

8 LIMITED FORUM DISTRICTS POLICY CREATED A LIMITED PUBLIC FORUM DOES NOT ALLOW ALL FORMS OF SPEECH TO TAKE PLACE RESTRICTION: CANNOT DISCRIMINATE SPEECH BASED ON VIEWPOINT DISCRIMINATION VIOLATED 1 ST AMENDMENT FINAL VOTE: GOOD NEWS CLUB6 / MILFORD CENTRAL SCHOOL3

9 DISSENTING OPINION WRITTEN BY STEVENS, SOUTER, AND GINSBURG RELIGIOUS SPEECH IS DIVIDED INTO THREE DIFFERENT KINDS TOPIC IN A RELIGIOUS PERSPECTIVE, WORSHIP, AND PROMOTING THE GOSPEL COULD FORUM ALLOW THE 1 ST KIND WITHOUT ALLOWING THE OTHER TWO? POLICY RESTRICTED ACTIVITIES PERTAINING TO RELIGIOUS PURPOSES SUPERINTENDENT STATED THAT THE POLICY ALLOWED THE TEACHING THAT GOD CREATED THE WORLD BUT NOT THE PROMOTION OF THE GOSPEL THE CLUBS ACTIVITIES INVOLVED ALL THREE KINDS OF SPEECH SCHOOL WAS NOT BREAKING FORUM BUT WAS HARD TO TELL BECAUSE OF THE DIFFERENT VIEWPOINTS ON HOW SPEECH IS DIVIDED

10 POLITICAL IMPACT SCHOOLS OPEN THEIR DOORS TO RELIGIOUS GROUPS SUCH AS YOUNGLIFE AND WILDLIFE TO HOLD MEETINGS SIMILAR YOUTH GROUPS HAVE HAD A MAJOR BOOST IN POPULARITY FORM SUPREME COURT CASE THE MORE PEOPLE THAT KNOW = THE BIGGER THE SPREAD ALSO PUT A HUGE IMPACT ON THE CURRENT FIGHT OF RELIGION IN SCHOOL 100_Faces.png

11 WORKS CITED COURT DECISION - GOOD NEWS CLUB V. MILFORD CENTRAL SCHOOL. N.D.. GOOD NEWS CLUB V MILFORD CENTRAL SCHOOL. N.D.. GOOD NEWS CLUB V. MILFORD CENTRAL SCHOOL. N.D.. GOOD NEWS CLUB V. MILFORD CENTRAL SCHOOL (2001). N.D..

12 WORKS CITED (PICTURES) "THOMAS MARCELLE." THE OYEZ PROJECT AT IIT CHICAGO-KENT COLLEGE OF LAW. N.P., N.D. WEB. 26 NOV WEB. 26 NOV


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