Greg MD Blog

TO:         Supervising Attorney

FROM:  Research Assistant (Greg McDowell-Dresden)

DATE:   September 27, 2020

RE:     Milford Central School –v- Good News Club   

FACTS:   

The petitioner-Good News Club applied to use the facilities for after-school programs, but the respondent denied them the use. The respondent considered the petitioner proposed was the equivalent of religious worship. (Petitioner) Milford Central School states their First Amendment Rights were violated by discriminating against the use of the facility. Petitioner states that the respondent violated freedom of speech by denying the use of facilities. 

Respondent- The school allows clubs to use the facilities to promote teamwork and building for all club activities. The clubs are open to all students. The club’s discussion is subject to the development of character and morals. The policy prohibits any individual or organization from using the facilities for promoting or religious purposes.

ISSUE:

Did Milford Central School violate the First Amendment rights by restricting Good News Club use of the school faculties for after hours?   

DISCUSSION:

The petitioners of the Good News Club suing the respondent, the Milford Central School alleging the denial of the petitioner application to use the respondent’s facilities, violated its free speech right. They requested to use the school facilities to have their after-school program, including discussing the development of character and moral for their members in the club. The petitioner applied to use the facilities for after school club programs. Still, the respondent school denied the request, finding that the proposed use was the equivalent of religious worship.

“On the Certiorari, the United States Supreme Court reversed the Court of Appeals’ judgment and remanded the case for further proceeding. Any group that promoted the moral and character development of children was eligible to use the school building; the club’s activities did not constitute mere religious worship that was divorced from any teaching of moral values.” 

Did the school violate the Constitutional Right of the First Amendment for the club to exercise Freedom of Speech? Allowing this group, Good News Club would open up the facility to other religious-based groups. This individual group is more specific to religion. Even though our school district may not endorse religious groups, it may not bar students of religious groups from meeting as it is no different from non-religion student groups.

There is possibly allowing the group would infringe on other individuals’ rights or specific religion and non-religious beliefs of their ideology. If the school does open this policy up, allowing particular groups, they need to have strict guidelines that students will adhere to and follow. 

Under the Indiana code relating to the use of school facilities:

IN Code § 20-33-12-4 (2017)

2017 Indiana Code
TITLE 20. Education
ARTICLE 33. STUDENTS: GENERAL PROVISIONS
CHAPTER 12. Indiana Student Religious Civil Liberties
20-33-12-4. Religious expression at school

IC 20-33-12-4 Religious expression at school

     Sec. 4. (a) Public school students may pray or engage in religious activities or religious expressions before, during, and after the school day in the same manner and to the same extent that students may engage in nonreligious activities or expression. Students may organize prayer groups, religious clubs, or other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. A public school may indicate, in writing, orally, or both, that the religious activity does not reflect the endorsement, sponsorship, position, or expression of the public school.

     (b) Religious groups must be given the same access to school facilities for assembling as is given to other noncurricular groups without discrimination based on the religious content of the students’ expression. If student groups that meet for nonreligious activities are permitted to advertise or announce meetings of the groups, the public school may not discriminate against groups that meet for prayer or other religious speech.

     (c) A public school may disclaim school sponsorship of noncurricular groups and events in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech.

     (d) Students in public schools may wear clothing, accessories, and jewelry that display religious messages or religious symbols in the same manner and to the same extent that other types of clothing, accessories, and jewelry that display messages or symbols are permitted. Nothing in this subsection shall be construed to prohibit a school corporation or charter school from establishing a policy requiring students to wear a school uniform or establishing a student dress code.

The district’s concern is opening the facilities will send a clear message of the possibility of practicing or promoting religious endorsement belief for some clubs. Our school district remains unbiased in not allowing the religious club to meet using school facilities.  

CONCLUSION:

The judge reversed the judgment because the respondent violated the petitioner’s free speech rights and Establishment Clause concern justified the violation.

Milford Central School discriminated against the Good News Club based on their religion and violated their civil rights.  If they practice lecture or read literature it would be no different than any other club.  The only difference is their religious beliefs, and there should be no difference between any other clubs. 

The Good News Club proved and established that their freedom of speech was stifled and infringed upon by the school.  The school denied their application by not allowing the club to use the facilities for after school meetings for their club.

The Supreme Court and The Establishment Clause described in the Constitution is the separation of Church and State. The separation of Church and State is achievable by having a private facility available to practice their beliefs rather than a publicly funded facility.  If you are in a private school that the parent/guardian is private pay, they are exempt from the rules because YOU have the option to remove the child from the school facilities. 

“What matters for Free Speech Clause purposes is that there is no logical difference in kind between the invocation of Christianity by the Club and the invocation of teamwork, loyalty, or patriotism by other associations to provide a foundation for their lessons.”