Summary

Tilton v. Richardson — Opinion of the Court

A possibility always exists, of course, that the legitimate objectives of any law or legislative program may be subverted by conscious design or lax enforcement. There is nothing new in this argument. But judicial concern about these possibilities cannot, standing alone, warrant striking down a statute as unconstitutional.
The Act itself was carefully drafted to ensure that the federally subsidized facilities would be devoted to the secular and not the religious function of the recipient institutions.
Source: Wikisource

Tilton v. Richardson — Opinion of the Court

We cannot, however, strike down an Act of Congress on the basis of a hypothetical 'profile.'
(b)
Although we reject appellants' broad constitutional arguments we do perceive an aspect in which the statute's enforcement provisions are inadequate to ensure that the impact of the federal aid will not advance religion. If a recipient institution violates any of the statutory restrictions on the use of a federally financed facility, § 754 (b) (2) permits the Government to recover an amount equal to the proportion of the facility's present value that the federal grant bore to its original cost.
Source: Wikisource

Tilton v. Richardson — Opinion of the Court

We are satisfied that Congress intended the Act to include all colleges and universities regardless of any affiliation with or sponsorship by a religious body. Congress defined 'institutions of higher education,' which are eligible to receive aid under the Act, in broad and inclusive terms. Certain institutions, for example, institutions that are neither public nor nonprofit, are expressly excluded, and the Act expressly prohibits use of the facilities for religious purposes.
Source: Wikisource

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