A federal judge in Idaho has ruled against the Nampa Classical Academy in its efforts to teach the Bible as a primary text in its curriculum. Nampa is a charter school – privately run but publicly funded – that filed suit after the state's education commission disallowed such a use of religious text. In his ruling, Judge Edward Lodge rightly swatted down the argument that the school and its teachers have a First Amendment right to select its own texts. Instead, he emphasized, the curriculum – and the speech it represents – belongs to the government, which represents and has responsibilities toward all citizens:
Plaintiffs’ arguments attempt to expand the First Amendment rights of expression and religion in a manner that would allow religion into the curriculum of public schools. Plaintiffs have provided no authority to support this argument. In fact, just the opposite is true. Students and teachers do not have a “First Amendment right to influence curriculum as they so choose.” The curriculum taught in public schools is government speech… As the speaker, Defendants have control over the content of their speech and expressions. Were the Plaintiffs operating a private school, their arguments would be correct as they, not the state, would be the speaker and in control of the content of their speech. Here, however, the Plaintiffs are a public charter school which accepts public funds and is organized by, and subject to the same laws as any other public school.
And Judge Lodge goes even further, asserting:
If the Defendants allowed the Plaintiffs’ proposed curriculum, they would be in violation of the Establishment Clause.
