Assume that Western Carolina University ("WCU) has a policy of allowing student groups to use selected classrooms at the college for group meetings. A small group called Athletes for Christ requests WCU that it be allowed to use the classroom once a week to meet for Bible Study and Prayer by Christian athletes on campus. The athletes also plan to use the time to discuss their religious experiences and support each other in their faith. WCU administration denies the request because a public school that is part of the North Carolina state government cannot allow religious groups to use state facilities. WCU maintains there is a wall of separation between church and state. The group sues WCU in federal court, requesting a court order be issued to WCU requiring it to provide classroom access to Athletes for Christ on the same terms as all other student groups.

Add the following facts to the Week 2 problem above. Assume WCU provides all campus groups with classroom availability for meetings on Wednesday and Thursday nights between 6:00 p.m. and 10:00 p.m. Athletes for Christ has requested an exception to meet at 11:00 p.m. on Wednesday or Thursday night. 11:00 p.m. is when the Appalachian State and East Carolina University Chapters of Athletes for Christ have their meetings. The three chapters of Athletes for Christ believe their prayers will be more effective and God-pleasing if done in unison at 11:00 p.m. WCU refuses to allow Athletes for Christ to meet at 11:00 p.m. in unison with the two other schools.

1. Identify the U.S. Constitutional Provision(s) that are relevant to determining whether or not WCU can prevent the Athletes in Action from meeting at 11:00 p.m. Provide the factual basis for your determination.