Good News Club v. Milford Central School, 533 U.S. 98, 26 (2001)

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Cite as: 533 U. S. 98 (2001)

Scalia, J., concurring

crimination. Just as calls to character based on patriotism will go unanswered if the listeners do not believe their country is good and just, calls to moral behavior based on God's will are useless if the listeners do not believe that God exists. Effectiveness in presenting a viewpoint rests on the persuasiveness with which the speaker defends his premise—and in respondent's facilities every premise but a religious one may be defended.

In Rosenberger v. Rector and Visitors of Univ. of Va., 515 U. S. 819 (1995), we struck down a similar viewpoint restriction. There, a private student newspaper sought funding from a student-activity fund on the same basis as its secular counterparts. And though the paper printed such directly religious material as exhortations to belief, see id., at 826 (quoting the paper's self-described mission " 'to encourage students to consider what a personal relationship with Jesus Christ means' "); id., at 865 (Souter, J., dissenting) (" 'The only way to salvation through Him is by confessing and repenting of sin. It is the Christian's duty to make sinners aware of their need for salvation' " (quoting the paper)); see also id., at 865-867 (quoting other examples), we held that refusing to provide the funds discriminated on the basis of viewpoint, because the religious speech had been used to "provid[e] . . . a specific premise . . . from which a variety of subjects may be discussed and considered," id., at 831 (opinion of the Court). The right to present a viewpoint based on a religion premise carried with it the right to defend the premise.

The dissenters emphasize that the religious speech used by the Club as the foundation for its views on morals and character is not just any type of religious speech—although they cannot agree exactly what type of religious speech it is. In Justice Stevens's view, it is speech "aimed principally at proselytizing or inculcating belief in a particular religious faith," post, at 130; see also post, at 133-134, n. 3. This does not, to begin with, distinguish Rosenberger, which

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