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

Summary

Justice Stevens, dissenting, would hold that a school operating a limited public forum may permit discussion of topics from a religious perspective while excluding activities principally devoted to proselytizing or worship, so long as the distinction is applied evenhandedly. He concluded that the Good News Club's activities were primarily evangelical and therefore permissibly excluded, and he would have affirmed the judgment below. Justice Souter, dissenting, likewise would affirm and additionally objected to deciding the Establishment Clause issue in the first instance; Justices Scalia and Breyer wrote separate concurrences addressing the religious-speech and Establishment Clause analyses.