United States Supreme Court (June 7, 1993) in the case of Lamb's Chapel v. Center Moriches Union Free School District, rendered a 9-0 unanimous decision, overturning a ruling by the Second U.S. Circuit Court of Appeals.
The case involved a New York school district that had rejected the request for facilities, which are made available for other non-curricular uses, to be used for the showing of Dr. James Dobson's film, Turn Your Heart Toward Home.
The Supreme Court allowed the film to be shown, thereby upholding the right of freedom of speech, including religious free speech, within the public arena.
Free speech, even involving religious content, cannot be restricted by the New York education law, which permits public school facilities to be rented for the purpose of:
<Holding social, civic, and recreational meetings and entertainments, and other uses pertaining to the welfare of the community.> 1993US004
During the proceedings, Supreme Court Justice Scalia questioned the school board's attorney:
<Justice Scalia: You are here representing both respondents [the State of New York and the school board]...in this argument, and the Attorney General of New York, in his brief defending...the New York rule says that 'Religious advocacy serves the community only in the eyes of its adherents and yields a benefit only to those who already believe.'
Does New York State-I grew up in New York State, and in those days they-they used to have a tax exemption for religious property. Is that still there?
Counsel: Yes, Your Honor, it still is.
Justice Scalia: But they've changed their view, apparently, that-Counsel; Well, Your Honor-
Justice Scalia: You see-it used to be thought that-that religion-it didn't matter what religion, but it-some code of morality always went with it and was thought, you know, what was called a God-fearing person might be less likely to mug me and rape my sister. That apparently is not the view of New York anymore.
Counsel: Well I'm not sure that that's-that-
Justice Scalia: Has this new regime worked very well? (Laughter)> 1993US005
Justice White, writing the opinion, stated:
<The government violates the First Amendment when it denies access to a speaker solely to suppress the point of view he espouses on an otherwise inculpable subject....[the] First Amendment forbids the government to regulate speech in ways that favor some viewpoints or ideas at the expense of others.> 1993US006
Justice Scalia, in his concurring opinion, wrote:
<That was not the view of those who adopted our Constitution, who believed that the public virtues inculcated by religion are a public good.
It suffices to point out that during the summer of 1789, when it was in the process of drafting the First Amendment, Congress enacted the famous Northwest Territory Ordinance of 1789, Article III of which provides, "Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged."> 1993US007
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American Quotations by William J. Federer, 2024, All Rights Reserved, Permission granted to use with acknowledgement.
1993US004. William J. Federer, American Quotations (2014). United States Supreme Court, June 7, 1993, Lamb's Chapel v. Center Moriches. Jay Sekulow, Supreme Court Case Update (Virginia Beach, VA: American Center for Law and Justice, 1993).
1993US005. William J. Federer, American Quotations (2014). United States Supreme Court, June 7, 1993, Lambs Chapel v. Center Moriches Union Free School District. Steve Fitschen, "ACLJ Wins Lamb's Chapel" (Chesapeake, VA: Christian American, July\August 1993), p. 19. From the Official Transcript. Keith A. Fournier, Religious Cleansing in the American Republic (Washington, D.C.: Liberty, Life, and Family Publications, 1993), p. 3.
1993US006. William J. Federer, American Quotations (2014). United States Supreme Court, June 7, 1993, Justice White, Lamb's Chapel v. Center Moriches Union Free School District, in a 9-0 unanimous decision, overturning a ruling by the Second U.S. Circuit Court of Appeals. Jay Alan Sekulow, "Chief Counsel's Report-For the year 1992-1993" (Virginia Beach, VA: The American Center for Law and Justice, 1993), p. 1.
1993US007. William J. Federer, American Quotations (2014). United States Supreme Court, June 7, 1993, in the case of Lamb's Chapel v. Center Moriches Union Free School District, Justice Scalia in his concurring opinion. Keith A. Fournier, Religious Cleansing in the American Republic (Washington, D.C.: Liberty, Life, and Family Publication, 1993), p. 38.