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Court Upholds Teacher's Classroom Banners With Religious-Patriotic Messages

By Howard M. Friedman

In an interesting decision issued last week, a California federal district court refused to dismiss claims by high school teacher Bradley Johnson against Poway (CA) Unified School District. Johnson, a Christian, was ordered by his principal to remove two banners from the walls of his Westville High School classroom because they conveyed a Judeo-Christian viewpoint. One contained phrases such as "In God We Trust" and "God Bless America". The other included the phrase "All Men Are Created Equal, They Are Endowed By Their Creator." Johnson also hung photos of national parks and of his family in his classroom. In Johnson v. Poway Unified School District, (SD CA, Sept. 4, 2008), the court held that Johnson's free speech rights as a teacher were violated by the order that he remove the banners.

Applying mainly cases involving student speech rights, the court held that, based on allegations in the complaint, the school district had created a limited public forum in which teachers could exercise free speech in their classrooms. The school engaged in viewpoint discrimination since it had permitted other teachers to post Buddhist messages, Islamic messages and a Tibetan prayer flag on their classroom walls. This favoritism of some religious messages over others was also seen by the court as an Establishment Clause violation.

Rejecting the school's argument that it was concerned about future Establishment Clause litigation because of Johnson's banners, the court said: "That God places prominently in our Nation?s history does not create an Establishment Clause problem requiring curettage and disinfectant of Johnson?s classroom walls." The court concluded:

Public schools play an important role educating and guiding our youth through the marketplace of ideas and instilling national values. One method used by the Poway Unified School District to accomplish this task is to permit students to be exposed to the rich diversity of backgrounds and opinions held by high school faculty. In this way, the school district goes beyond the cramped view of selecting curriculum and hiring teacher speech to simply deliver the approved content of scholastic orthodoxy.... By squelching only Johnson?s patriotic expression, the school district does a disservice to the students of Westview High School and the federal and state constitutions do not permit such one-sided censorship.

Today's San Diego Union Tribune reports on the decision, noting that the Poway school district has been involved in other free speech litigation as well. (See prior posting.) Thomas More Law Center which represented Johnson also issued a release on the decision.

Full post as published by Religion Clause on September 10, 2008 (boomark / email).