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GOOD NEWS CLUB v. MILFORD CENTRAL SCHOOL

No. 99-2036.

533 U.S. 98 (2001)

GOOD NEWS CLUB et al. v. MILFORD CENTRAL SCHOOL

United States Supreme Court.

Decided June 11, 2001.

Attorney(s) appearing for the Case

Thomas Marcelle argued the cause for petitioners. With him on the briefs were John W. Whitehead and Steven H. Aden.

Frank W. Miller argued the cause for respondent. With him on the brief were Benjamin J. Ferrara and Norman H. Gross.*

Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Kennedy, JJ., joined, and in which Breyer, JJ., joined in part. Scalia, J., filed a concurring opinion, p. 120. Breyer, J., filed an opinion concurring in part, p. 127. Stevens, J., filed a dissenting opinion, p. 130. Souter, J., filed a dissenting opinion, in which Ginsburg, J., joined, p. 134.

Justice Thomas, delivered the opinion of the Court.

This case presents two questions. The first question is whether Milford Central School violated the free speech rights of the Good News Club when it excluded the Club from meeting after hours at the school. The second question is whether any such violation is justified by Milford's concern that permitting the Club's activities would violate the Establishment Clause. We conclude...

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