Jeremy Hurd

School Law

Assignment #3

1-27-04

Based on my findings within the book, I do not believe that I could deny the request of this individual.  However, the individual would have to distribute the books either before or after school so as not to disrupt the so that the student’s time, place, and manner of the distribution was not disruptive within the school day.  The basis of my judgment comes from the Thompson v Waynesboro Area School District case and also the Lamb’s Chapel v Center Moriches Union Free School District.  In the Thompson case, the court ruled in favor of students who had been distributing religious literature by an outside group.  This became a violation of the freedom of speech and did not violate the Establishment Clause because the school had allowed the distribution of other types of literature even if written by outside groups and the fact that it did not disrupt the student’s time, place, and manner of distribution.  Although I may be able to limit the distribution of that material within the classroom, within the hallways and sidewalks of the school would most likely be looked at as a public forum, though one court ruled that the school’s entire campus was considered a non-public forum.  Also, The Lamb’s Chapel case involved the use of school facilities by outside groups.  The Supreme Court ruled unanimously that the school district was unconstitutional in its decision to not allow the religious group to use the facility to present a particular point of view.  Further, it did not violate the Establishment Clause because it did not have the purpose or primary effect of advancing or inhibiting religion and would not foster excessive entanglement.  In this case, I believe that based on these previous decisions, I would have acted appropriately regarding this issue.

This is clearly a judgment call on the part of the principals at each school.  I might approach this situation in two ways.  First, I would allow the students to view this particular movie because I would tell the local clergy that there would be no particular proof that the author or making of this film had a anti-Semitic message.  I would also make sure that the movie was approved for the audience that was viewing it using the ratings by the movie industry.  However, I would offer a suggestion to the clergy.  I could offer to write up a release form for students to send home and have signed by their parents that would talk about the controversy of the movie regarding issues of religion and that it was not my personal belief that the movie sent an anti-Semitic view.  Thus, this would allow some parents to allow their kids to go to the movie, and those parents who were not in approval of the trip, could allow their children to either view another movie at the same time or keep their students in school to participate in an activity scheduled at school with other teachers.  I think this would be a good solution.  The book specifically talks about how an issue of this nature is in absence of judicial guidelines and that the responsibility of such decisions rests with state and local education decision makers.  After looking at the literary, social, and historical significance of this material, I would allow it to be viewed by the students with regards to my position or the requirement of parental signature to attend the movie.

I would explain to the patron that:

“Well commander, the fact is that the students right to remain seated and not stand for the national anthem was completely within their constitutional right.  Though you may be offended by their actions, I as an administrator can not require the students to recite or stand for the national anthem.  The case that sticks out in this situation is a Supreme Court decision in West Virginia State Board of Education v Barnette in which the court based its ruling on free speech.  The principle of freedom of thought and expression is so important that it has been given a special status outside of the democratic process.  So, though you may disagree with the students, the same Bill of Rights that protect your right to stand and recite the national anthem, is also protected by the students right to stay seated during the national anthem.  I know that this is not what you want to hear, but legally, I can not restrict the student’s right to free speech.  Do you understand, even if you do not agree?”