The Impact of Rosenberger v. Rector and Visitors of University of Virginia on Public Forum Doctrine

Abstract

Abstract In Rosenberger the Supreme Court held that the denial of funds for a student religious publication at the University of Virginia was unconstitutional viewpoint discrimination. The decision signaled a change in public forum doctrine in cases involving religious speech. This paper examines how lower federal courts have applied the Rosenberger decision in public forum cases. Most of the cases have involved situations that move well beyond the issue of funding student groups at public universities. Lower courts have been divided in their treatment of the decision. In ten cases the Rosenberger precedent was followed as controlling authority but in eleven others it was used by dissenting judges. In the remaining cases, the precedent was either distinguished or it did not play a central role in the opinion. Despite the variance in lower court application, the Rosenberger decision has had an impact on public forum doctrine, especially where religious speech is concerned.