No speech will be "chilled" by the existence of a government policy that might unconstitutionally endorse religion over nonreligion.
She said there is a big difference between government speech endorsing religion and private religious speech.
The Constitution, the court said, prohibited public schools or other governmental bodies from endorsing religion.
A different majority held that the menorah display did not have the prohibited effect of endorsing religion, given its "particular physical setting".
Where the choice of service is truly private and the governmental purpose is secular, government help does not endorse religion.
The Supreme Court decided that neither display endorsed religion.
It added that the seal did not give the appearance that the government was endorsing religion.
The Foundation and its members had held that this "gave the appearance of endorsing religion."
School administrators at Westside High, like many elsewhere, worried about appearing to endorse religion.
The test asks: is the government doing something that makes people think that the government endorses religion?