An Interesting Govt School Censorship Case

[Ira (Chip) Lupu]

Equal access does not mean the school must be totally indifferent to the content of the posters and flyers.  Especially in a context in which the school has a history of Establishment Clause violations, it should have some discretion to make certain that it does not violate court orders or invite a new lawsuit.  The posters for "See You at the Pole" were allowed.  Mentioning that what will happen "at the Pole" is group prayer among students should also be allowed.  And we can all see that censoring "In God We Trust" is foolish and unnecessary.  But the Establishment Clause interdicts some religious speech by government (that is, religious speech does not get "equal access" in the competition for what government may promote), and government (especially with this sort of history) has to have some room to ensure that it is not complicit in another violation.

Does Rick or others think that students in this school (or any other) have a 1st A right not simply to advertise the event, but to add to their posters "All those who seek salvation through Jesus are welcome"?

Chip
Ira C. Lupu
F. Elwood & Eleanor Davis Professor of Law
George Washington University Law School
2000 H St., NW 
Washington, DC 20052
(202)994-7053