"Court: schools cannot bar
literature
with religious content"
by David Kravets (AP, May 22,
20030
School districts
cannot
automatically bar distribution of on-campus literature with religious
overtones, a federal appeals court ruled Thursday.
The decision by the 9th U.S. Circuit Court of Appeals, which covers nine
western states, concerned a Scottsdale Unified School District policy
prohibiting literature with any religious content from being posted or
distributed among the 33 schools the Arizona agency supervises.
A three-judge appeals panel, however, stopped short of saying that all
religious-based literature, such as those advertising Bible-based summer
camps,
could be posted on bulletin boards and distributed via teachers.
The San Francisco-based court concluded that First Amendment speech
protections
do not apply evenly to religious speech on public school grounds. The
court
wrote that advertisements proselytizing religion could be barred, but
literature solely advertising religious instruction could not.
"The district cannot refuse to distribute literature advertising a
program
with underlying religious content where it distributes quite similar
literature
for secular summer camps, but it can refuse to distribute literature that
itself contains proselytizing language," Judges William Canby Jr.,
Michael
Daly Hawkins and Marsha Berzon wrote jointly.
The court noted that such a "subtle" difference satisfies First
Amendment guarantees while also abiding by the constitutional provision of
separation of church and state.
While the court set limitations on what is acceptable speech, the court
said
its decision flowed from a U.S. Supreme Court ruling in 2001 in which the
justices said that a public school district could not bar a New York youth
group from studying the Bible on campus while granting access to
nonreligious
groups.
Scottsdale district spokeswoman Carol Hughes said the district has not
reviewed
the ruling, but said the district would comply with the decision and
review its
policy.
"If we need to do something, we will do that," Hughes said.
The court's decision affects public schools in Alaska, Arizona,
California,
Hawaii, Idaho, Montana, Nevada, Oregon and Washington.
"The appeals court decision sends an important message about the
constitutional rights of religious speakers," said Walter M. Weber,
an
attorney with the American Center for Law and Justice. "School
districts
cannot legally discriminate against the type of literature distributed at
schools simply because that literature promotes an event that includes
religious speech."
The case centered on the Scottsdale district's policy of permitting
nonprofits
to distribute literature through its schools to promote events and
activities
of student interest. Administrators must approve the literature before
allowing
it on campus. Works of a "religious nature" are prohibited.
At issue was a summer camp advertisement from a nonprofit educational
corporation called "A Little Sonshine from Arizona." Among other
things, the ad, which the group wanted to post at the district, touted two
classes called "Bible Heroes" and "Bible Tales." The
district granted, then repealed, its decision to allow the
advertisement.
The nonprofit sued in 2000, saying its First Amendment rights were being
treaded on. The appeals court partly agreed, saying the district went too
far
in blocking the ad's distribution, but said the district could censor its
content.
The decision overturns U.S. District Judge Susan Bolton, who sided with
the
district's decision to ban the ad in its entirety.
"The more religious material comes through the state, it really puts
an
image that it really supports religion," said C.N. Coby Cohen, an
attorney
with the Anti-Defamation League, which urged the court to uphold Bolton's
decision.
The appeals court, meanwhile, said it was not "called upon to parse
each
individual line" in the camp's advertisement. Instead, the court
returned
the case to Judge Bolton to determine which parts of the ad were protected
and
which parts were nonprotected proselytizing speech.
The literature in question, while referring to dancing, singing and
appearances
by "Bob the Tomato" and "Larry the Cucumber," also
urged
youths to read the Bible at an early age and become familiar with Jesus
Christ.
The case is Hills v. Scottsdale Unified, 01-17518.
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