Good News Club v. Milford Central School — Souter, J., Dissenting

Summary

Justice Souter, joined by Justice Ginsburg, dissents on the grounds that the majority misapplied Lamb’s Chapel to a case involving religious use rather than viewpoint discrimination and improperly reached the Establishment Clause issue without prior resolution in the lower courts. He argues that the record lacks necessary details regarding children’s impressions of endorsement and that the Court of Appeals distinguished Lamb’s Chapel by substance. Separate dissents and concurrences by Justices Stevens, Scalia, and Breyer address distinctions between proselytizing and viewpoint speech, the breadth of viewpoint discrimination, and procedural limits on deciding the Establishment Clause claim, respectively.