School Law Bulletin [serial] 10, 4 (Oct 1979)

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denied, 434 U.S. 877 (1977).
29. 343 U.S. 306 (1952).
SCHOOL LAW BULLETIN attend all meetings and approve all club activities, that the school would have to audit the club's financial records, and that the school would have to review the club's membership policies to ensure that they were not secret or discriminatory. The majority further reasoned that allowing a club for the Christian faith would lead to the establishment of clubs for every religion and would result in exactly the divisiveness
... along religious lines that the entanglement tests seeks to prevent.
As expected, the minority discounted the signifi- cance of the faculty adviser and the other factors cited by the majority as evidence of excessive government entanglements. The dissent based its strongest argu- ments for allowing religious clubs to meet at school on the First and Fourteenth amendments. In a long and somewhat emotional appeal. Judge McDaniel cited those U.S. Supreme Court cases that guarantee stu- dents the rights of freedom of speech^" and associa- tion.^' At one point in his opinion, he made the follow- ing appeal: The liberties of expression and association, the freedom of a public forum, and the right to the equal protection of the laws are in a sense all of a single fabric of free and equal communication involving the right to receive communication as well as the right to impart communication.


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