Ruling for the fourth time in a decade on a lawsuit brought by a Christian church in the Bronx, a divided Second Circuit panel concluded that the city's rule does not constitute viewpoint discrimination under the First Amendment because it "does not exclude expressions of religious points of view or of religious devotion, but excludes for valid non-discriminatory reasons only a type of activity—the conduct of worship services."
Schools Must Allow Religious 'Expression' But Can Ban 'Worship'
New York Law Journal
June 3, 2011
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