Question
City College, a public community college in Sagebrush, Arizona opens its auditorium on Saturdays on a first come-first served basis to registered students for speech,
City College, a public community college in Sagebrush, Arizona opens its auditorium on Saturdays on a first come-first served basis to registered students for speech, debate, and theatrical performances. A student organization known as the Righteous Many ("RM") whose sincerely held religious beliefs required them to promote and defend Christian adherence to values and principles, made the first request of the school semester to reserve the auditorium for a series of debates extolling the superiority of the Christian religion over all others and the depravity of abortion and same - sex marriages. Upon advice of the School Superintendent, the School denied the students request to hold the debate on the ground that the allowance of such debate topics would violate the Establishment clause and create a hostile environment as such a debate, is not balanced, and would have a negative effect on the morale of the school community and might cause friction among the students that would disrupt the school's educational mission. Professor Smith who decried the school's decision in his biology class received a written warning from the faculty president that such topics were inappropriate subjects for class discussion and could lead to discipline if continued. Professor Smith was subsequently "written up" (with the admonition being placed in his employment file) for refusing (based on free speech and religion) to follow a university policy that professors avoid discussion of controversial issues outside the scope of the course being taught. What arguments may RM and Professor Smith reasonably make that the school's denial of the use of the auditorium and disciplinary action taken against Smith violate their respective First Amendment rights? D
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