The appellant brought the Board of Regents' decision to the New York courts for review, on the grounds that the statute "violates the First Amendment as a prior restraint upon freedom of speech and of the press," "that it is invalid under the same Amendment as a violation of the guaranty of separate church and state and as a prohibition of the free exercise of religion" and "that the term 'sacrilegious' is so vague and indefinite as to offend due process." The decision was upheld by the state courts, including the New York Court of Appeals. The decision was then appealed to the U.S. Supreme Court.