4th Circuit rules (again) in favor of the Good News Club

[Marc Stern]

In this case, the Fourth Circuit per Judge Motz found no viewpoint
discrimination in the reserved power of the school to exclude disruptive
materials. Consider this from the dissenting opinion of the same judge
in Peck v.Upshur County,155 F.3d___ (4th Cir) where the question was the
constitutionality of a rule permitting the distribution of literature to
students including religious literature:

Third, a reasonable, informed observer would know that the
Board consistently operated the school system as a nonpublic
forum, retaining the authority to selectively deny access to
inappropriate or harmful groups and affording access only to a
few youth activity groups so that they could distribute
informational pamphlets. No amount of obfuscation can change the
fact that this case differs dramatically from the cases on which
the majority so heavily relies. In those cases, the government
granted many groups access to a forum, making the forum indeed
"open," and then denied access to a similarly situated group

solely on the basis of its religious perspective.

 

Marc Stern

________________________________

From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of
Hamilton02 at aol.com
Sent: Friday, August 11, 2006 10:59 AM
To: religionlaw at lists.ucla.edu
Subject: Re: 4th Circuit rules (again) in favor of the Good News Club

 

I ask the following question for edification   -- How does one square
this decision with the 4th Cir's willingness to permit the Wiccan woman
to be excluded from delivering prayers at city council meetings?  I'm
blanking on the name of the latter case, but it would seem that equality
is at issue in both cases, and the results would seem at first blush in
conflict with each other.  

 

And what position did CLS take on the Wiccan case, if any?

 

Marci

 

 

Marci A. Hamilton

Paul R. Verkuil Chair in Public Law

Benjamin N. Cardozo School of Law

Yeshiva University

 

 

 

	This is the case's second trip to the 4th Circuit, and once
again the
	court invalidates the Montgomery County School District's
various
	machinations to prevent the Good News Club access on equal terms
to the
	forum of take-home flyers given to the students.  
	
	http://pacer.ca4.uscourts.gov/opinion.pdf/051508.P.pdf

 

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