When the government opens its public facilities for expressive activity, it may not enforce a content-based exclusion unless it can demonstrate that the regulation "is necessary to serve a compelling state interest and that it is narrowly drawn to achieve that end.” Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 45 (1983).
Thus, a public school cannot let the Lyons Club use their facilities on the weekend without also allowing a religious group (if the group applies like anyone else) use their facilities on the weekend. It's all or none folks!
Friday, August 21, 2009
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