Good News Club v. Milford Central School — Breyer, J., Concurring

Summary

Justice Breyer concurred in part, agreeing with the Court's conclusion that summary judgment was improper. He emphasized that child perception of endorsement is critical under the Establishment Clause and noted the procedural posture required further factual development regarding how children perceive the Club's activities. Justice Souter and Stevens dissented, while Scalia concurred.