• A federal court in Colorado ruled that a public school policy prohibiting the distribution of "material that proselytizes a particular religious or political belief" was unconstitutional. The court observed: "The mission of public education is preparation for citizenship. High school students … must develop the ability to understand and comment on the society in which they live and to develop their own sets of values and beliefs. A school policy completely preventing students from engaging other students in open discourse on issues they deem important cripples them as contributing citizens. Such restrictions do not advance any legitimate governmental interest." The court rejected the school's claim that the policy was required in order to avoid violating the first amendment's nonestablishment of religion clause. It noted that a policy "permitting students to speak to the full extent of their consitutional rights" would have a secular purpose, and would not advance religion. Rivera v. East Otero School District, 721 F. Supp. 1189 (D. Colo. 1989).
© Copyright 1990, 1998 by Church Law & Tax Report. All rights reserved. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Church Law & Tax Report, PO Box 1098, Matthews, NC 28106. Reference Code: m47 c0390