An Interesting Govt School Censorship Case
Marc Stern
mstern at ajcongress.org
Wed Mar 4 15:21:31 PST 2009
Why is equality the test? What if school officials show that believe or go to hell is disruptive but not recycle or die? There is discussion of this problem in some of the school confederate paraphernalia cases
Marc
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From: religionlaw-bounces at lists.ucla.edu <religionlaw-bounces at lists.ucla.edu>
To: Law & Religion issues for Law Academics <religionlaw at lists.ucla.edu>
Sent: Wed Mar 04 18:16:29 2009
Subject: Re: An Interesting Govt School Censorship Case
Chip asks a good question about whether the school could censor the See You at the Pole group from saying "All those who seek salvation through Jesus are welcome" on their posters.
First, I doubt if this group would ever say this, because part of the group's evangelistic purpose is to attract "nonbelievers" to the event, in order to share the Gospel with them. But let's suppose the group wanted to say something like "Jesus is the only way to salvation" on their poster. Could the school censor these words because of the school's dislike of the message?
It depends on what the school allows other student or parent groups to do, doesn't it? If the school allows the Environmental Student Group to say "being green is the right way to be" or the GLBT group to say "be tolerant not homophobic," then I think the Religious Group has the same right to include their slogan on its posters. If there is concern that student speech endorsing religion will be mistaken for that of the school, a general disclaimer requirement for all student groups requiring a statement that the speech is that of the private group and not that of the school should make clear that the school does not endorse the private speaker' message. No?
Just apply the same access, the same equality of expression, for all student groups, both religious and secular, and you will be on the good side of the 1A.
Cheers, Rick Duncan
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