Parties: Bender v. Williamsport Area Sch. Dist.
Date: 1986-03-25
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Paragraph: 55 - In Widmar, under essentially the same circumstances, we held that the University of Missouri at Kansas City had N161* "discriminated against student groups and speakers based on their desire to use a generally open forum to engage in religious worship and discussion. These are forms of speech and association protected by the First Amendment." 454 U.S., at 269, 102 S.Ct., at 274. The only arguable distinction between Widmar and this case is that Widmar involved university students while the groups here are composed of high school students. We did note in Widmar that university students are "less impressionable than younger students and should be able to appreciate that the University's policy is one of neutrality toward religion." Id., at 274, n. 14, 102 S.Ct., at 277, n. 14. Other decisions, however, have recognized that the First Amendment rights of speech and association extend also to high school students.
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Paragraph: 47 - Yet the several commands of the First Amendment require vision capable of distinguishing between state establishment of religion, which is prohibited by the Establishment Clause, and individual participation and advocacy of religion which, far from being prohibited by the Establishment Clause, is affirmatively protected by the Free Exercise and Free Speech Clauses of the First Amendment.
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