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Action

Vacated and remanded. Petitioning party received a favorable disposition.

Importance of Case

The school's refusal to grant Club access to the limited public forum was based on a determination that the Club was religious in nature. The court, however, found that the school discriminated on the basis of viewpoint in violation of the Free Speech Clause. The court based its reasoning on two prior cases, Rosenbergerand Lamb's Chapel v. Center Moriches Union Free School Dist. 508 U.S. 384 (1993). Because of the finding of viewpoint discrimination, the issue of whether the restriction on speech was reasonable within the purpose of the school's limited public forum was not reached by the court.