GOOD NEWS CLUB V.
MILFORD CENTRAL SCHOOL
ALLISON FEARS
BACKGROUND1992 : Policy formed that opened the
school’s facilities
1996 : Good News Club
asked superintende
nt to use school’s facilities
Denied and the Club then went to the
district court
PEOPLE TO KNOW
• PLAINTIFF: GOOD NEWS CLUB
• LAWYER: THOMAS MARCELLE
• DEFENDANT: MILFORD CENTRAL SCHOOL
• LAWYER: FRANK W. MILLER
http://www.uticanational.com/ero/seminar/images/Miller.gif
http://www.oyez.org/advocates/m/t/thomas_marcelle
THE ORIGINAL CASE
• FOUGHT AT UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW
YORK
• CLUB ARGUED THAT THE SCHOOL HAD BROKEN THEIR 1ST AND 14TH 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
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 MILFORD’S CONCERN THAT
PERMITTING THE CLUB’S ACTIVITIES WOULD VIOLATE THE ESTABLISHMENT CLAUSE?
COURT 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.
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, O’CONNOR, ANTONIN SCALIA, ANTHONY
KENNEDY, DAVID SOUTER, CLARENCE THOMAS, RUTH BADER, GINSBURG, AND
STEPHEN BREYER
LIMITED FORUM
• DISTRICT’S 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 1ST AMENDMENT
• FINAL VOTE: GOOD NEWS CLUB—6 / MILFORD CENTRAL SCHOOL—3
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 1ST 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 CLUB’S 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
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
http://cefvolusia.org/resources/_wsb_100x100_Faces.png
WORKS CITED• COURT 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-
2009/2000/2000_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>.
WORKS CITED (PICTURES)• "THOMAS MARCELLE." THE OYEZ PROJECT AT IIT CHICAGO-KENT COLLEGE OF
LAW. N.P., N.D. WEB. 26 NOV. 2013. <HTTP://WWW.OYEZ.ORG/ADVOCATES/M/T/THOMAS_MARCELLE>.
• WEB. 26 NOV. 2013. <HTTP://CEFVOLUSIA.ORG/RESOURCES/_WSB_100X100_FACES.PNG>.
• WEB. 26 NOV. 2013. <HTTP://WWW.UTICANATIONAL.COM/ERO/SEMINAR/IMAGES/MILLER.GIF>.
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