Schools, Free Speech and Religious Speech

by David Safier

At first glance, this looks like a free speech and religious freedom issue. HB 2713, which just passed in the House K-12 Committee 5-4, basically says schools can’t discriminate against students based on religion and have to allow students to wear religious jewelry as well as articles of clothing that display religious messages.

Before we look deeper into what this is really about, let me tell a story from my teaching days.

About 10 years ago, I was teaching a Wordsworth poem in an Honors Senior English class. First the students worked on the poem in small groups, then we came together and discussed it as a class.

There’s a biblical reference in the poem, with a footnote citing chapter and verse. I always liked to spotlight students’ expertise any chance I got – let them impart their knowledge to the class if they know something the others don’t. It’s good for that student and for the class.

I knew Jim was very religious, and I imagined he carried a Bible with him. Jim, by the way, was popular and outgoing, in the pep band, generally a great kid, and everyone knew he was very religious. I knew I wouldn’t embarrass him with my request.

So, I went up to him and said, “Hey, Jim, if you have your Bible with you, why don’t you look up this passage, study it for a minute, and report about it to the class when we get back together.”

He looked shocked, as if I had just said, “Hey Jim, why don’t you pull out a dime bag from your backpack, roll a few joints and pass them around the class.”

He asked me, “Is it OK for me to take out my Bible in school?”

Now I was the one who looked surprised. “Of course it’s OK. Did someone say you couldn’t?”

“Well, my Pastor says we have to keep it hidden away, because schools don’t allow us to carry Bibles.”

I said, “That’s ridiculous. The rule is just like it is with any other book. You can have it with you, and you can take it out at appropriate times. If I want you focusing on what we’re doing, I’ll ask you to put it away. But I’d ask that of anyone, no matter what the book is. I’m pretty sure your Pastor is wrong about this.”

Looking happy and excited, he took out his Bible. When the time came, he proudly told us about the passage and its context. Everyone listened and learned, including me, and a good time was had by all. Jim and I were already friends before, but we were better friends after.

That was the first time I realized that some Christian leaders were trying to convince young people they were part of a persecuted minority. It not only adds a certain rebellious kick to religion, but it reinforces the idea that the secular world has it in for Christians, and Christians have to fight back.

This is now a commonplace. The day after Thanksgiving, Bill O’Reilly starts in about the War on Christmas. Every time someone wants to take a Nativity Scene or the Ten Commandments off of public property, it’s considered another skirmish in the War Against Christianity.

That’s what this bill is all about. Its assumption is that every weird social and political movement can say anything it wants any time it wants in schools, but let a Christian try to do the same thing, and it’s “Throw the Christian to the Lions!”

That, of course, is ridiculous. Students can wear religious jewelry and religious messages on T Shirts. When some schools ban crucifixes or religious expression, it’s because the administrators are idiots, and those idiots need to be dealt with on a case by case basis.

But young people have limited rights of expression when they’re at school. They have to hang up some of their First Amendment rights when they walk through the door. For better or for worse, in these steaming little villages filled with children or teenagers and a few adults, the right of one student to express him/herself has to be balanced against the right of other students to feel physically and emotionally safe.

That goes for religious and non-religious expression. No one can wear Nazi regalia to school or T Shirts with racist slogans, for instance. Along the same line, students can’t wear a T Shirt that says, “God Hates Homos,” even if that student believes it’s true, or “All Jews Are Going to Hell.” At that point, religious expression crosses the line.

Unfortunately, there is no bright line here, where everyone knows exactly what kinds of statements are intimidating to other students and should not be allowed. That’s why this stuff is in court all the time. But a line must be drawn somewhere, and it should be the same line for religious and for non-religious speech.

HB 2713 wants to create a bright line which says, anything a Christian does or says in the name of Christianity is OK. It includes other religions, of course, so Jews, Muslims, Buddhists, and on and on would have the same right to full freedom of expression, and all would be immune from the reasonable concerns of others. I don’t think some Christians would be too happy with what members of other religions had written on their T Shirts, but they would have to grin and bear it.

A look at who is sponsoring the bill gives a clue to its intent. Its sponsors are conservative Republicans, and it is backed by the religious conservative group, Center for Arizona Policy, that promotes anti-Gay Marriage and anti-abortion legislation along with other “Family Values” bills. These are not your ACLU, First Amendment Rights folks.

Just because these people support it doesn’t mean it’s a bad bill, but it reveals their not-so-hidden agenda. It’s not about free speech or religious freedom in schools. It’s about extending more rights to religious expression than to other forms of expression.