Good News Club v.

Milford Central School (2001)

General Rule of Law: Public school cannot exclude bible club from meeting after hours at the
school’s limited public forum, because such exclusion is unconstitutional viewpoint
discrimination.
Procedure Summary:
Plainteff: Good News Club
Defendant: Milford Central School
U.S. Court of Appeals for the Second Circuit: Held for Good News Club
Facts: Milford Central is a public school district located in a small community in Milford, New
York. Milford has a school policy called the Milford Community Use of Facilities Policy, which
allows private speakers to use its facilities after school hours for “social and civic meetings,
entertainment events, and other uses pertaining to the welfare of the community.” This includes
instruction that provides for the moral and character development of children. Organizations that
have been permitted to use the facilities include the Boy Scouts, Girl Scouts, and 4-H. The
policy specifically states that “school premises shall not be used by any individual or
organization for religious purposes.”
The Goods News Club is a private, community-based youth group that ministers to children
between the ages of six and 12. The Club develops children’s morality and character through
Bible stories, games, Scripture, and songs. The Club is open to children of all faiths or no faith
at all. The Club does not require children to agree or accept any of the religious beliefs or
practices to participate in the program. The Club acknowledges that it is a Christian
organization, but it does not teach to any specific religious denomination. A student who wants
to participate in the club must have written permission from a parent.
On September 22, 1996, the Good News Club applied to use the school facilities for the purpose
of serving children who lived too far away to attend church. The Club described themselves in
their application as “a group of boys and girls meeting one hour a week for a fun time of singing
songs, hearing a Bible lesson, and memorizing Scripture.”
The school superintendent denied the Club permission to use the school facilities on the grounds
that their activities were equivalent to religious worship. The school’s position was that the Club
was not presenting materials from the Bible in a neutral manner or from an historical perspective
but was advancing its religious interests, an activity explicitly prohibited under the Community
Use of Facilities Policy.
Issues: Did the Milford Central School discriminate against the Good News Club in violation of
the Free Speech Clause of the Constitution when it refused to allow the Club to use its school
facilities?
When a public administrator makes a determination that speech is either from a religious
viewpoint or that it is in furtherance of religious instruction, does this constitute an entanglement
between the church and state in violation of the Establishment Clause?
Comment: This case is important due to the fact that the fine line between separation of church and
state is difficult for administrators to navigate. In this case the Milford Central School violated the clubs
Free Speech rights, by not allowing them to hold their meeting at the school in a limited public forum.

This Legal Brief is from the following resource:

Reference

Good News Club v. Millford Central School. (n.d.). Oyez.

Good News Club v. Millford Central School. (2001) Retrieved from streetlaw.org.