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

Summary

Justice Scalia concurs in the judgment, emphasizing that the exclusion of the Good News Club was viewpoint discrimination under the Free Speech Clause because the school had opened its forum for moral and character development. Regarding the Establishment Clause, he finds no coercive pressure or governmental endorsement since private religious speech in a public forum does not violate the Establishment Clause. Two Justices, Souter and Stevens, dissent from the Court’s Establishment Clause analysis, arguing it should not be decided without a developed trial record.