(Slip Opinion) OCTOBER TERM, 2000 1
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
GOOD NEWS CLUB ET AL. v. MILFORD CENTRAL
SCHOOL
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE SECOND CIRCUIT
No. 992036. Argued February 28, 2001- Decided June 11, 2001
Under New York law, respondent Milford Central School (Milford) en-
acted a policy authorizing district residents to use its building after
school for, among other things, (1) instruction in education, learning,
or the arts and (2) social, civic, recreational, and entertainment uses
pertaining to the community welfare. Stephen and Darleen Fournier,
district residents eligible to use the school's facilities upon approval
of their proposed use, are sponsors of the Good News Club, a private
Christian organization for children ages 6 to 12. Pursuant to Mil-
ford's policy, they submitted a request to hold the Club's weekly af-
terschool meetings in the school. Milford denied the request on the
ground that the proposed use- to sing songs, hear Bible lessons,
memorize scripture, and pray- was the equivalent of religious wor-
ship prohibited by the community use policy. Petitioners (collec-
tively, the Club), filed suit under 42 U. S. C. §1983, alleging, inter
alia, that the denial of the Club's application violated its free speech
rights under the First and Fourteenth Amendments. The District
Court ultimately granted Milford summary judgment, finding the
Club's subject matter to be religious in nature, not merely a discus-
sion of secular matters from a religious perspective that Milford oth-
erwise permits. Because the school had not allowed other groups
providing religious instruction to use its limited public forum, the
court held that it could deny the Club access without engaging in un-
constitutional viewpoint discrimination. In affirming, the Second
Circuit rejected the Club's contention that Milford's restriction was
unreasonable, and held that, because the Club's subject matter was
quintessentially religious and its activities fell outside the bounds of
pure moral and character development, Milford's policy was constitu-
SNIPPETS:
Where it is feasible, a syllabus will be released, as is being done in connection with this
The syllabus constitutes no part of the opinion of the Court but has been prepared by the
SUPREME COURT OF THE UNITED STATES
GOOD NEWS CLUB ET AL. v. MILFORD CENTRAL
Argued February 28, 2001- Decided June 11, 2001 Under New York law, respondent Milford
Stephen and Darleen Fournier, district residents eligible to use the school's facilities upon
Pursuant to Milford's policy, they submitted a request to hold the Club's weekly afterschool
Milford denied the request on the ground that the proposed use- to sing songs, hear Bible
The District Court ultimately granted Milford summary judgment, finding the Club's subject
Because the school had not allowed other groups providing religious instruction to use its
In affirming, the Second Circuit rejected the Club's contention that Milford's restriction
Milford violated the Club's free speech rights when it excluded the Club from meeting after
Center Moriches Union Free School Dist., 508 U. S. 384, where a school district precluded a
Permitting the Club to meet on the school's premises would not have violated the
BREYER, J., filed an opinion concurring in part.
STEVENS, J., filed a dissenting opinion.
Readers are requested to notify the Reporter of Decisions, Supreme Court of the United
MILFORD CENTRAL SCHOOL ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE SECOND CIRCUIT
respondent Milford Central School enacted a community use policy adopting seven of §414's
Second, the school is available for "social, civic and recreational meetings and
JUSTICE SOUTER's recitation of the Club's activities is accurate.
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