When the mother of a 5-year-old student wanted to read to his class from the book of Psalms as a contribution to his "All About Me" show-and-tell day, she argued that the Bible was his favorite book* and that she had no intention of using the text to promote her religious beliefs. The school principal, however, determined the children were too young to distinguish between school-sponsored ideas and a parent's, and that other parents may consider it inappropriate to present such a "captive audience" with religious ideas.
After a trial court ruled in the school district's favor, the 3rd Circuit yesterday affirmed that decision with a 2-1 majority that found administrators were well within the law to restrict messages delivered to students, even by parents.
[W]hen invitations for student expression are intended to elicit descriptive responses, the school may limit the responses accordingly.
Likewise, when parents participate in an elementary school’s curricular activities, the school may impose the same requirement — that they refrain from promoting specific messages in class…. By inviting participation in curricular activities, educators do not cede control over the message and content of the subject matter presented in the classroom. Were teachers or school administrators required to do so, individual students or parents could use the classroom to promote any message in the guise of a pedagogically approved curricular activity.
…
It may be reasonably argued that a mother’s reading of he Bible to a kindergarten class, especially sublime verses from the Book of Psalms, should be permitted. In this sense and for any, the conduct is benign and the message inspiring. But a reading from the Bible or other religious text is more than a message and unquestionably conveys a strong sense of spiritual and moral authority. In this case, the audience is involuntary
and very young. Parents of public school kindergarten students may reasonably expect their children will not become captive audiences to an adult’s reading of religious texts.
You can read the opinion, authored by Judge Anthony Scirica, here (pdf).
*In what must have been an intense moment of courtroom drama, the child's babysitter testified that his favorite book was in fact Brown Bear, Brown Bear, proving again that footnotes of judicial opinions are worth reading.
