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Rosenberger v. Rector & Visitors of the University of Virginia (docket #: 94-329) (1995)  [Findlaw]

Secondary Link Rosenberger v. Rector & Visitors of the University of Virginia  [Legal Information Institute]
Argument Date 03/01/1995
Decided 05/29/1995
Supreme Court Vote 5-4
Note Michael McConnell who argued the case for the Petitioner later became a federal judge on the US Court of Appeals for the Fourth Circuit.
Supreme Court Ruling First Amendment free-speech claim sustained
 
IssueWhether a public university that pays printing costs for a number of student publications can deny that benefit to a student-run religious publication.
 
Case Summary & Additional Resources
Majority Opinion Kennedy, J.
Concurring Opinion O'Connor, J., & Thomas, J.
Dissenting Opinion Souter, J. (joined by Stevens, J., Breyer, J., & Ginsburg, J.)
Lower Court 4th Circuit
Lower Court Ruling First Amendment free-speech claim denied
Oral Arguments Oral Arguments  [Oyez]
Lawyers
For Petitioner
Michael W. McConnell

For Respondent
John C. Jeffries, Jr.

Briefs
For Amicus
for Americans United for Separation of Church and State et al. by Steven K. Green, Samuel Rabinove, Jeffrey P. Sinensky & Steven M. Freeman (supporting Petitioner)

for the Baptist Joint Committee on Public Affairs et al. by J. Brent Walker, Oliver S. Thomas, Elliot M. Mincberg, Melissa Rogers, David Saperstein & Lois C. Waldman (supporting Petitioner)

for the Catholic League for Religious and Civil Rights by Edward M. Gaffney, Jr. (supporting Respondent)

for the Christian Legal Society et al. by Douglas Laycock, Steven T. McFarland & Samuel B. Casey (supporting Respondent)

for the Commonwealth of Virginia by James S. Gilmore III, Attorney General, David E. Anderson, Chief Deputy Attorney General, William Henry Hurd, Deputy Attorney General, et al (supporting Respondent)

for the Council on Religious Freedom by Lee Boothby, Walter E. Carson, Robert W. Nixon, and Rolland Truman (supporting Respondent)

for the National School Boards Association by Gwendolyn H. Gregory, August W. Steinhilber & Thomas A. Shannon (supporting Respondent)

for the Pacific Legal Foundation by Anthony T. Caso and Deborah J. La Fetra; and for the Student Press Law Center by S. Mark Goodman (supporting Petitioner)

for the Student Press Law Center by S. Mark Goodman (supporting Petitioner)

or the American Center for Law and Justice by Jay Alan Sekulow, James Matthew Henderson, Sr. & Keith A. Fournier (supporting respondent)

or the American Civil Liberties Union et al. by Marjorie Heins, Steven R. Shapiro, and Stephen B. Pershing (supporting Petitioner)

or the Intercollegiate Studies Institute by Robert M. Rader & Donn C. Meindertsma (supporting Respondent)

News
Greenhouse, Linda, "Justices Agree to Consider if University Should Finance a Student Religious Magazine," The New York Times, Nov. 1, 1994, Sect. A, p. 25
Greenhouse, Linda, "Ruling on Religion," The New York Times, June 30, 1995, Sect. A, p. 1
Niebuhr, Gustav, "Victory on Religion Rulings Was Limited, Groups Say," The New York Times, July 1, 1995, p. 7
Other
Barron, Jerome & Dienes, C. Thomas, FIRST AMENDMENT LAW (3rd ed., 2004), pp. 372, 374, 375, 376, 476, 478, 479, 480
Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES AND POLICIES (2nd Ed.) (2002), p. 949--950, 1166-1167
Farber, Daniel A., THE FIRST AMENDMENT (2nd ed., 2003), pp. 30-31
Greene, Abner S., "Government of the Good," 53 Vand. L. Rev. 1 68-69 (2000)
Heyman, Stephen, J., "State-Supported Speech," 1999 Wis. L. Rev. 1119
Redish, Martin & Daryl Kessler, "Governmental Subsidies and Free Expression," Minn. L. Rev. 543 (1996)
Schauer, Frederick, "Principles, Institutions, and the First Amendment," 112 Harv. L. Rev. 84 (1998)
Commentary
"A Breach in the Church-State Wall," The New York Times, July , 1995, Sect. A, p. 20
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