ERIC Number: ED448488
Record Type: Non-Journal
Publication Date: 2000-Nov
Reference Count: N/A
A First Amendment Divided: State University Campuses in the Wake of Rosenberger v. University of Virginia.
Drushel, Bruce E.
The First Amendment of the U.S. Constitution prohibits both state-sponsored religion and state censorship of expression. In the waning days of June 1995, the U.S. Supreme Court released its landmark decision in "Rosenberger v. University of Virginia," in which it ruled as unconstitutional student organization funding systems in which some student organization expression (e.g., publications, speakers, posters) was paid for by the university, but that by student religious organizations was not. While the Court was careful to limit its decision to direct funding of expression, some organizations took the decision as a signal that the Court was prepared to further breech the traditional wall between the state and funding of religious groups. This paper traces the evolution of case law concerning public support of groups and activities whose core purpose is the exposition of a particular religious doctrine. The paper then examines the central question faced by the Court in "Rosenberger" and issues raised by its ruling, as well as various interpretations and misinterpretations of that ruling. It concludes by examining specific ways in which the Court's reasoning in "Rosenberger" and a subsequent case represents a significant departure from prior Court doctrine and, arguably, from the intent of the Framers. (Contains 2 notes and 28 references.) (NKA)
Publication Type: Information Analyses; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: First Amendment