GOOD NEWS CLUB V. MILFORD CENTRAL SCHOOL ALLISON FEARS.
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Transcript of GOOD NEWS CLUB V. MILFORD CENTRAL SCHOOL ALLISON FEARS.
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GOOD NEWS CLUB V.
MILFORD CENTRAL SCHOOL
ALLISON FEARS
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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
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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
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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
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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?
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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.
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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
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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
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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
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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
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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>.
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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>.