clipped from: www.cir-usa.org   

Religious free speech


, June 30, 1995

The University of Virginia misinterpreted the First Amendment and violated students' right to free speech when it denied funding to a Christian magazine, the Supreme Court decided Thursday in a 5-4 vote.


Justice Anthony M. Kennedy, in the majority opinion, said U.Va. created "a sweeping restriction on student thought and student inquiry" that "would risk fostering a pervasive bias or hostility to religion."


"We have crossed a critical threshold in the fight for religious liberty," said Jay Sekulow, chief counsel for the American Center for Law and Justice in Virginia Beach, which had filed briefs supporting both the student magazine and the KKK. "The message is clear: Religious speech or speakers must be treated exactly the same way as any other group."


Some religious groups hailed the ruling, together with another decision Thursday permitting the Ku Klux Klan to erect a cross at an Ohio park, for expanding opportunities for public expressions of faith.