September 5, 2013 by Robert Tharp at 11:00:00 am
In the East Texas town of Kountze, a district court judge ruled that it is not unlawful to post Biblical references on spirit banners inside the taxpayer-funded school’s walls, although the legal basis for ruling was not clear. Meanwhile in Georgia, posters highlighting a particularly provocative line from Arthur Miller’s play, “The Crucible,” are drawing nationwide attention and complaints that the line “God is Dead” is religiously offensive.
The two cases underscore how the mixing of religious messages inside public schools remains far from resolved legally. And until judicial clarity arrives, school administrators should be prepared for unpopular decisions that may upset all sides.
"Although the law regarding student speech continues to be unclear, the safest course of action for the school district is to let the artwork remain," says Dallas attorney Tom Brandt of Fanning Harper Martinson Brandt & Kutchin, P.C., who represents Kountze ISD. "It may not be popular, but given the current status of the law regarding student speech, it is the safest thing to do."
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