Rosenberger v. University of Virginia - Significance, Jefferson's University, An Issue Of Speech, The Uniqueness Of Religion Cases

Rosenberger v. University of Virginia - Significance

The Court found the university's actions were essentially suppressing student speech in violation of the First Amendment's Speech Clause. The ruling, following on an earlier Court decision supporting the use of public school facilities for religious purposes, significantly expanded public support for religious activities. Critics of the decision lamented that the Court again avoided the Establishm…

Rosenberger v. University of Virginia - Further Readings

Rosenberger v. University of Virginia - Jefferson's University

Founded by Thomas Jefferson in 1819, the University of Virginia is one of the oldest and most highly respected institutions of higher education in the nation. Over 17,000 undergraduate and graduate students annually enroll at the school. As part of the Commonwealth of Virginia, the university is subject to the First and Fourteenth amendments. The University routinely provided monetary support from…

Rosenberger v. University of Virginia - An Issue Of Speech

By a narrow majority of 5-4, the Court reversed the two lower court decisions. Justice Anthony M. Kennedy, writing for the majority, wrote that the University had violated the Constitution through "viewpoint discrimination" and that funding the paper would not violate the Establishment Clause. Kennedy relied heavily on the Court's earlier decision in Lamb's Chapel v. Center Moriches Union Free Sch…

Rosenberger v. University of Virginia - The Uniqueness Of Religion Cases

Justice Sandra Day O'Connor, in writing a concurring opinion, sought to limit the utility of the decision as a precedent for other forms of direct public financial aid to religious activities. She emphasized that in this case the student publications were actually independent of the university and included disclaimers in every issue to that effect. In addition, the Student Activity Fund payments w…

Rosenberger v. University of Virginia - Impact

Rosenberger was the fourth in a series of Supreme Court cases since 1981 in the post-Warren Court era that ruled public institutions could offer support to religious organizations or activities when the benefits were provided neutrally to all groups, religious and secular. A state law or policy providing funding support to individuals or organizations without regard to religion was no longer consi…