In the case of Widmar v. Vincent, 1981, the United States Supreme Court ruled that a state university could not prohibit a religious group from using its facilities if it allowed other non-religious groups to do so. The University of Missouri at Kansas City had denied access to its facilities to Cornerstone, a Christian student group, citing concerns about violating the Establishment Clause of the First Amendment which prohibits government endorsement or promotion of religion. However, this policy was challenged and brought before the court. The Supreme Court held that once a public university opens up its facilities as a public forum for student groups, it cannot discriminate against those who wish to use them based on their viewpoint - including religious ones - without compelling justification. This decision marked an important precedent in cases involving freedom of speech and religion in educational settings.

In the dissenting opinion for Widmar v. Vincent, Justice Byron White argued that the majority's decision was a misinterpretation of the First Amendment and an overextension of its protections. He contended that there is no constitutional right to use public property for all forms of speech without any limitations or restrictions. In his view, it was not discriminatory or unconstitutional for a state university to prohibit religious groups from using its facilities while allowing other student organizations access because this policy did not target religion specifically but rather sought to maintain separation between church and state as required by the Establishment Clause. Furthermore, he suggested that if such policies were deemed unconstitutional then virtually any restriction on speech in public institutions could be challenged which would lead to unmanageable consequences.