220
Opinion of the Court
Justice Kennedy delivered the opinion of the Court.
For the second time in recent years we consider constitutional questions arising from a program designed to facilitate
Myers, Attorney General, David Schuman, Deputy Attorney General, and Michael D. Reynolds, Solicitor General; for the American Civil Liberties Union et al. by Jon G. Furlow, Steven R. Shapiro, Elliot M. Mincberg, and Judith E. Schaeffer; for the American Council on Education et al. by Stephen S. Dunham, Leonard M. Niehoff, and Sheldon E. Steinbach; for the American Federation of Labor and Congress of Industrial Organizations by Jonathan P. Hiatt, James B. Coppess, and Laurence Gold; for the Brennan Center for Justice at New York University School of Law by Scott D. Makar, Robert Bergen, Michael J. Frevola, and Burt Neuborne; for the Lesbian, Gay, Bisexual, and Transgender Campus Center at UW-Madison et al. by Patricia M. Logue and Ruth E. Harlow; for the National Legal Aid Defenders Association, Student Legal Services Section, by Ned R. Jaeckle and Kathleen A. Cushing; for the National Education Association by Robert H. Chanin, Andrew D. Roth, and Michael D. Simpson; for the New York Public Interest Research Group by Alexander R. Sussman; for the Student Press Law Center et al. by Lucy A. Dalglish; for Student Rights Law Center, Inc., by Mitchel D. Grotch; for the United States Student Association et al. by David C. Vladeck and Alan B. Morrison; for United Council of University of Wisconsin Students, Inc., by Mark B. Hazelbaker; for the University of California Student Association by Michael S. Sorgen and Amy R. Levine; and for the Wisconsin Student Public Interest Research Group et al. by Daniel H. Squire, Craig Goldblatt, and Francisco Medina.
Briefs of amici curiae urging affirmance were filed for the Atlantic Legal Foundation by Martin S. Kaufman and Edwin L. Lewis III; for the American Center for Law and Justice by Jay Alan Sekulow, Mark Nathan Troobnick, and James Matthew Henderson, Sr.; for the Christian Legal Society by Steven T. McFarland, Samuel B. Casey, and Thomas C. Berg; for the Family Research Institute by Roy H. Nelson; for Liberty Counsel by Mathew D. Staver; for the National Legal Foundation by Barry C. Hodge; for the National Right to Work Legal Defense Foundation, Inc., by Raymond J. LaJeunesse, Jr.; for the National Smokers Alliance by Renee Giachino; for the Pacific Legal Foundation et al. by Deborah J. La Fetra; and for the Washington Legal Foundation et al. by Daniel E. Troy, Daniel J. Popeo, and Paul D. Kamenar. Briefs of amici curiae were filed for Americans United for Separation of Church and State et al. by Steven K. Green, Steven M. Freeman, and Ayesha N. Khan; for First Freedoms Foundation by Michael D. Dean; for
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