Still a Free Speech Clause violation, even after Locke v. Davey: According to Foxnews.com,
The Hispanic Club, the Chess Club and the Gay and Lesbian Alliance are just some of the clubs that have displays in the hallways of Portland schools.
But after the Bible Club at Marshall High School put a Bible and some other Christian books in a display case, some teachers complained to the principal. After a call to the district’s lawyer, the display was taken down.
District officials said they felt the display gave the impression that the school was endorsing Christianity. . . .
Portland schools admit they treat religious and political student groups differently than they do sanctioned academic clubs, but point out that they do give religious groups places to exercise their free speech — just not display cases.
The Bible Club is suing, and it’s likely to win: The Supreme Court has repeatedly held that when a school opens up this sort of designated public forum for student speech, it can’t exclude religious speech. Yesterday’s Locke v. Davey decision, wrong as it is, did not undermine those cases.
I wonder, by the way, what the school would have said if people had objected to the Gay and Lesbian Alliance having a display. I take it that the answer would be something like, “Oh, we’re not endorsing homosexuality or lesbianism as being better than heterosexuality — only letting students express their support of their own homosexuality, and related causes.” Seems to me that’s exactly how the Bible Club display would be described, no?
Also, if you’re worried about students — high school students, who I take it can read, and can conceptually distinguish what students believe from what the administration believes — will erroneously get the impression that the school is endorsing Christianity, why not put up a sign making clear that the displays are just put up by student groups, and aren’t endorsed by the school? I doubt such a sign is necessary, since I doubt that students would get the wrong impression even without it — but if some students do misunderstand the situation, putting up a sign would be the only constitutionally acceptable solution.
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