RE: 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: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: Friday, August 11, 2006 10:59 AM To: religionlaw@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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