Students free to give out Bibles
By Charles Haynes
Senior scholar, First Amendment Center
01.26.97
If the Gideons provide Bibles to students, may students give
them out in school? Harvey Daily, Spartanburg, S.C.
Yes. Generally, students have the right to distribute religious literature on public school grounds. The school, however, may impose reasonable time, place and manner restrictions.
A public school in northern California, for example, allows students to distribute literature to their classmates. But the distribution must take place before or after classes begin, and it must be done in front of the school office.
In some school districts, distribution of student literature is confined to a table placed in a specific location (e.g., outside the library). Whatever the restrictions, they should be reasonable and must apply equally to all non-school student literature.
It would be advisable for school policies on distribution of student literature to include a screening process. Public school officials may not ban materials because they don't like the religious or political content, but they may prohibit the distribution of some literature altogether. This would include, for example, materials that are obscene, defamatory, or disruptive of the educational environment. Students should be notified quickly of the decision, and they should have a way to appeal if their literature is banned.
What if the Gideons or other groups wish to come into the school themselves and distribute their materials to students? According to "A Joint Statement of Current Law," a statement endorsed by more than 35 religious and civil-liberties groups: "Outsiders may not be given access to the classroom to distribute religious or anti-religious literature."
The common areas of public schools (e.g., hallways) may be a different matter. A federal court in West Virginia recently ruled that schools may allow outside religious groups to make their literature available to students subject to some restrictions. This particular school had allowed a variety of community groups, including Little League and Boy Scouts, to leave literature on a table in one of the school's common areas.
As long as (1.) no outside adults were actually present to distribute the materials or to see that the students took them, and (2.) a sign made clear that the materials were not being endorsed by the school, the court ruled that treating the religious group the same as all other community groups did not violate the establishment clause of the First Amendment. No doubt this issue will continue to be litigated.
While the question of whether outside groups may be allowed to place their materials in the common areas of public schools remains unsettled, it is important to remember that students have the right to distribute religious literature, subject to reasonable time, place and manner restrictions.
Your questions and comments are welcome. Write to:
Charles Haynes
The Freedom Forum First Amendment Center
1101 Wilson Blvd.
Arlington, VA 22209
E-mail: chaynes@freedomforum.org