United States Second Circuit

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Bronx Household of Faith v. Bd. of Educ. of the City of New York, 07-5291

In a constitutional challenge to defendants' prohibition against the after-hours use of school facilities for religious services, judgment of the district court enjoining prohibition is reversed because: 1) the prohibition does not exclude expressions of religious points of view or of religious devotion, but excludes for valid non-discriminatory reasons only a type of activity; and 2) defendants reasonably seek, by the prohibition, to avoid violating the Establishment Clause through permissible content-based restriction which does not violate the Free Speech Clause.

Appellate Information

  • Decided 06/02/2011
  • Published 06/02/2011

Judges

  • LEVAL

Court

  • United States Second Circuit

Counsel


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