Lamb's Chapel v. Center Moriches Union Free School Dist., 508 U.S. 384, 8 (1993)

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Cite as: 508 U. S. 384 (1993)

Opinion of the Court

burgh Civic Assns., 453 U. S. 114, 129-130 (1981); Greer v. Spock, 424 U. S. 828, 836 (1976); Adderley v. Florida, 385 U. S. 39, 47 (1966). It is also common ground that the District need not have permitted after-hours use of its property for any of the uses permitted by N. Y. Educ. Law 414. The District, however, did open its property for 2 of the 10 uses permitted by 414. The Church argued below that because under Rule 10 of the rules issued by the District, school property could be used for "social, civic, and recreational" purposes, the District had opened its property for such a wide variety of communicative purposes that restrictions on communicative uses of the property were subject to the same constitutional limitations as restrictions in traditional public forums such as parks and sidewalks. Hence, its view was that subject matter or speaker exclusions on District property were required to be justified by a compelling state interest and to be narrowly drawn to achieve that end. See Perry, supra, at 45; Cornelius, supra, at 800. Both the District Court and the Court of Appeals rejected this submission, which is also presented to this Court. The argument has considerable force, for the District's property is heavily used by a wide variety of private organizations, including some that presented a "close question," which the Court of Appeals resolved in the District's favor, as to whether the District had in fact already opened its property for religious uses. 959 F. 2d, at 387.5 We need

5 In support of its case in the District Court, the Church presented the following sampling of the uses that had been permitted under Rule 10 in 1987 and 1988: "A New Age religious group known as the 'Mind Center' Southern Harmonize Gospel Singers Salvation Army Youth Band Hampton Council of Churches' Billy Taylor Concert Center Moriches Co-op Nursery School's Quilting Bee Manorville Humane Society's Chinese Auction Moriches Bay Power Squadron

[Footnote 5 is continued on p. 392]


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