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prince”).
9 See, e.g., West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624 (1943) (striking
down mandatory Pledge of Allegiance).
10 Good News Club v. Milford Central Sch., 533 U.S. 98 (2001) (applying Free Speech
Clause to strike down public school’s exclusion of Christian group from school facilities
based on religious viewpoint); Rosenberger v. Rector and Visitors of Univ. of Va., 515 U.S.
819 (1995) (applying Free Speech Clause to strike down state university’s exclusion of
Christian group from participation in student activity fees based on religious viewpoint);
Lamb’s Chapel v. Center Moriches Union Free Sch. Dist., 508 U.S. 384 (1993) (applying
Free Speech Clause to strike down public school’s exclusion of Christian group from school
facilities based on religious viewpoint); Widmar v. Vincent, 454 U.S. 263 (1981) (applying
Free Speech Clause to strike down state university’s exclusion of Christian group from
school facilities based on religious viewpoint).
11 Boy Scouts v. Dale, 530 U.S. 640 (2001) (applying Free Speech Clause to protect the
right of the Boy Scouts to exclude from leadership those who disagree with the Scouts’
views on sexual morality).
12 See, e.g., Lee v. Weisman, 505 U.S. 577 (1992) (striking down nondenominational
prayer at public high school graduation as “coercive,” where participation in ceremony was
voluntary and where students were not required to listen to or recite prayer, but only to be
silent).
13 See Locke v. Davey, 540 U.S. 712, 722 (2004) (“Since the founding of our country,
there have been popular uprisings against procuring taxpayer funds to support church
leaders, which was one of the hallmarks of an ‘established’ religion.”)
14 See Doremus v. Board of Education, 342 U.S. 429 (1952); Flast v. Cohen, 392 U.S. 83
(1968); Valley Forge Christian College v. Americans United for the Separation of Church
and State, 454 U.S. 464 (1982).
15 See, e.g., DaimlerChrysler Corp. v. Cuno, 126 S. Ct. 1854, 1865 (2006) (reaffirming
general rule against taxpayer standing). The scope of the Flast exception to the general
rule against taxpayer standing is, at the time of this writing, pending before the Supreme
Court: Hein v. Freedom from Religion Foundation, No. 06-157, cert. granted, 127 S. Ct.
722 (December 1, 2006).
16 McDaniel v. Paty, 435 U.S. 618 (1978) (applying Free Exercise Clause to strike down
state constitution’s exclusion of ministers from participation as delegates in state
constitutional convention); Rosenberger v. Rector and Visitors of the Univ. of Va., 515 U.S.
819 (1995) (applying Free Speech Clause to strike down state university’s exclusion of
Christian group from participation in student activity fees based on religious viewpoint).
17 See Tilton v. Richardson, 403 U.S. 672 (1971) (rejecting claim that Establishment
Clause prohibits government funding of buildings used for teaching secular subjects at a
religious university).
18 See Zelman v. Simmons-Harris, 536 U.S. 639 (2002) (distinguishing direct and
indirect government funding of activities by religious institutions, and allowing indirect aid
to fund even religious instruction consistent with Establishment Clause); Everson v. Board
of Education, 330 U.S. 1, 17–18 (1947) (“Similarly, parents might be reluctant to permit
their children to attend schools which the state had cut off from such general government
services as ordinary police and fire protection, connections for sewage disposal, public
highways and sidewalks. Of course, cutting off church schools from these services, so
separate and so indisputably marked off from the religious function, would make it far
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