Each module, or "mod" (as known colloquially among WHS students), is either a 20 or 40-minute period used for classes or independent study time in an instructional materials center (IMC).

An average student has at least one or two open mods per day, to be used for studying, interacting with teachers, eating lunch, or socializing.

Mergens argued that the district's decision was in violation of the federal Equal Access Act requiring that groups seeking to express messages containing “religious, political, philosophical, or other content” not be denied the ability to form clubs.

[5][6] Supreme Court of the United States decided in favour of Mergens in Westside School District v. Mergens saying that in distinguishing between "curriculum" and "noncurriculum student groups," the Court held that since Westside permitted other noncurricular clubs, it was prohibited under the Equal Access Act from denying equal access to any after-school club based on the content of its speech.

[7] The Court added that the Equal Access Act was constitutional because it served an overriding secular purpose by prohibiting discrimination on the basis of philosophical, political, or other types of speech.