United States Third Circuit

Plaintiff's successfully asserts a First Amendment claim with respect to the distribution of its materials where defendant-school has engaged in a practice of viewpoint discrimination that cannot be justified as an effort to avoid an Establishment Clause violation.

Appellate Information

• Decided 10/15/2004
• Published 10/15/2004

Judges

• Before ALITO, BARRY, and AMBRO, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Arthur G. Stein (argued), Stein, Supsie & Hoffman, Forked River, for Appellant., Alex J. Luchenitser, Americans United for the Separation of Church & State, Washington, for Amicus Appellants, Americans United for Separation of Church and State, The Anti-Defamation League, People for the American Way, New Jersey Education Association, Stafford Township Education Association.


• For Appellees:
  
• Nathan A. Adams, IV (argued), Kimberlee W. Colby, Annandale, for Appellee., Eric W. Treene (argued), Angela M. Miller, United States Department of Justice, Washington, for Amicus-Appellee, United States., Francis J. Manion, New Hope, for Amicus-Appellee, Joseph J. Hills., Douglas Laycock, University of Texas at Austin School of Law, Austin, for Amicus-Appellees, National Association of Evangelicals Clifton Kirkpatrick, As Stated Clerk of the Presbyterian Church (U.S.A.) Union of Orthodox Jewish Congregations of America Pat Afalese Cathy Capozzi Gretchen Davis B. Keith DraytonKimberly FreewsickKeith Ruff Lori Ruff., Julie Underwood, National School Boards Association, Alexandria, for Amicus-Appellee, National School Boards Association.