School district policy limiting speech of guest speakers

[Gregory Wallace]

The Wake County Public School District (NC) has revised its guest speaker
policy, according to news reports, to require guest speakers to sign a
document agreeing not to denigrate any culture, race, gender, national
origin, or religion. The revisions were made after a guest speaker
criticized Muslims and urged students to embrace Christianity.

While the no-establishment clause may require schools to keep guest speakers
from proselytizing, the revised policy goes further. To what extent, if any,
is this a regulation of private speech or it is merely government exercising
discretion over its own curriculum? Other constitutional problems?

E. Gregory Wallace
Associate Professor of Law
Campbell University School of Law


Here¹s a posting from the school district¹s website:

WCPSS Completes Review of Controversial Guest Speaker

May 23, 2007 - The Wake County Public School System today completed its
investigation into the controversial guest speaker who spoke to Enloe High
School classes at the invitation of an Enloe history teacher earlier this
semester. As part of this process the district interviewed students and
staff and reviewed materials related to the speaker¹s presentation.  The
investigation also included a comprehensive review of the teacher¹s
performance and of the district¹s policies and procedures relating to the
use of guest speakers.

The investigation showed that, while the speaker described his own personal
experience of religious persecution in Egypt, this was not his primary
message.  He spent most of his presentation conveying his anti-Muslim and
pro-Christian views and distributed flyers that denigrated Muslims and the
Islam religion, while promoting Christianity.

As a result of the investigation, Superintendent Del Burns has strengthened
existing procedures to emphasize the district¹s expectations for the use of
guest speakers.  The new procedures remind teachers and speakers that:
³Materials and presentations must not denigrate any culture, race, gender,
national origin, or religion.  Also, while factual information on politics,
religion, culture, or ethnicity may be presented, proselytizing is not
permitted.²  

According to Superintendent Del Burns, ³Absolutely under no circumstances
will we allow proselytizing or the denigration of any culture or religion in
our schools. All students in the Wake County Public School System should be
able to come to school each day feeling respected and supported.²

Burns concluded, ³The presentation of the guest speaker at Enloe was
unacceptable and very regrettable.  However, because of it, I believe we
have clarified expectations and provided better guidance and support to our
teachers regarding the appropriate use of outside resources.  On behalf of
the school system, I apologize to members of our Muslim community who were
understandably concerned and offended by this incident.²
-wcpss-  
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