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Sarah Bell

Sarah Bell . Chapter Two Use of Facilities. Who decides? . Local school board Authority to develop rules General rule Must be available for lease to all types of groups Police Department of the City of Chicago v. Mosley

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Sarah Bell

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  1. Sarah Bell Chapter Two Use of Facilities

  2. Who decides? • Local school board • Authority to develop rules • General rule • Must be available for lease to all types of groups • Police Department of the City of Chicago v. Mosley • “Necessarily then, under the Equal Protection Clause, not to mention the First Amendment itself, government may not grant the use of a forum to people whose views it finds acceptable, but deny use to those wishing to express less favored or more controversial views.”

  3. Lease rules • 1. Refuses to abide by rules • 2. Possibility of violence or disruption associated with meetings • 3. Meeting violates laws

  4. Religious purposes • Many schools do not allow, fearing lawsuits • Lamb’s Chapel v. Center Moriches Union Free School District • Good News Club v. Milford Central School

  5. Lamb’s Chapel v. Center Moriches Union Free School District • Ruling • Excluding private group based on film viewing is viewpoint discrimination • Film discusses family values from religious perspective • Violates Free Speech Clause of First Amendment

  6. Good News Club v. Milford Central School • Ruling • Viewpoint discrimination • Good News Club • Religious club that engaged in religious activities

  7. Milford Central Community Use Policy • 1. Any district resident may use school for “instruction in any branch of education learning or the arts” • 2. Available for “social, civic and recreational meetings and entertainment events, and other uses pertaining to the welfare of the community, provided that such uses shall be nonexclusive and shall be opened to the general public” • Denied Good News Club

  8. Court statement • Felt no different than teamwork, loyalty, or patriotism practices and teaching

  9. Judgment of Court of Appeals Reversed • Justice Souter and Justice Ginsburg • Appeals failed to apply rule in Lamb’s Chapel case • Government may not discriminate on basis of viewpoint

  10. Final Ruling • “Whereas the District Court and Court of Appeals resolved this case entirely on the ground that Milford’s actions did not offend the Firs Amendment’s Speech Clause, the majority now sees fit to rule on the application of the Establishment Clause, in derogation of this Court’s proper role as a court of review.”

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