Rosenberger v. University of Virginia

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 Establishment Clause issue by relying on Speech Clause considerations as in other recent cases.

Two First Amendment clauses apply to religious practice. The Establishment Clause prohibits government from establishing or promoting religious beliefs. The Free Exercise Clause prohibits governments from restricting individuals from practicing religion. The two often clash in that protecting religious practice from disruption could be construed as promotion when carried too far. Government must maintain neutrality in dealing with religious matters, and is prohibited from passing laws, which aid or inhibit religion, or prefer one religion to another. Similarly, the Speech Clause of the First Amendment allows individuals to express personal beliefs without well-founded government restriction. What some may see as protection of expressing religious viewpoints, others may see as promotion of those viewpoints, depending on the nature of the particular circumstance.

The Supreme Court consistently upheld students' rights to express themselves on university and college campuses. The Fourteenth Amendment to the Constitution extended these protections to state governments and state funded universities. In Westside Community Board of Education v. Mergens (1990), the Court held that Bible clubs and prayer groups could meet on public secondary school campuses. The case provided a broadened interpretation of the Equal Access Act of 1984 in which Congress prohibited discrimination against students because of their religious beliefs.