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''Good News Club v. Milford Central School'', , held that when a government operates a "limited public forum," it may not discriminate against speech that takes place within that forum on the basis of the viewpoint it expresses—in this case, against religious speech engaged in by an evangelical Christian club for children. ==Facts== Under New York law, public schools may adopt regulations under which they open their facilities to public use during non-school hours. In 1992, Milford Central School adopted regulations under this law, allowing district residents to use the school for "instruction in any branch of education, learning, or the arts," and making the school 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." The Fourniers, who reside in the district, applied to use the Milford Central School for meetings of a Good News Club. Their proposed use—to have "a fun time of singing songs, hearing a Bible lesson and memorizing scripture"—was deemed to be the equivalent of religious worship, and the Fourniers' application was denied on that basis; the school also claimed that its community use policy forbade use "by any individual or organization for religious purposes." The Fourniers contacted the school superintendent stating that they did not believe it was lawful for the school to allow other groups to use the school building, yet because they were religious in nature, teaching morals and values from a Christian perspective, they were denied access. The school concluded that "the kinds of activities proposed to be engaged in by the Good News Club were not a discussion of secular subjects such as child rearing, development of character and development of morals from a religious perspective, but were in fact the equivalent of religious instruction itself." The full school board rejected the club's application to use Milford's facilities. The Fourniers and the Good News Club filed suit in the United States District Court for the Northern District of New York under 42 U.S.C. § 1983 against the school. The club alleged that the school's denial of its application violated its free speech rights under the First Amendment, as well as its right to religious freedom under the Religious Freedom Restoration Act. The club won a preliminary injunction allowing it to conduct its meetings at the school from April 1997 to August 1998. In August 1998, however, the district court ruled against the club, finding that the club's "subject matter is decidedly religious in nature, and not merely a discussion of secular matters from a religious perspective that is otherwise permitted" by the school. Because the school forbade all religious instruction under its policy, the court ruled that it was not engaging in unconstitutional viewpoint discrimination. The club appealed to the Second Circuit. The Second Circuit affirmed, holding that the school's restriction was not unreasonable. In light of the "quintessentially religious" nature of the club's activities, the court further held that the school district was engaging in "constitutional subject discrimination" rather than "unconstitutional viewpoint discrimination" when it excluded the club from meeting on its premises. In light of a split among the federal appeals courts regarding whether speech may be excluded from a limited public forum by reason of its religious content, the U.S. Supreme Court agreed to review the Second Circuit's ruling in this case. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Good News Club v. Milford Central School」の詳細全文を読む スポンサード リンク
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