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Exhibit Guide Home Exhibits Introduction Founding Generation Founding Documents You Be the Judge Defining Freedom The Struggle Continues Faces of Freedom Marketplace of Ideas Censorship: What Is It? Musical Hit List Draw the Line Resources Museum Map Glossary |
 Defining Freedom > Freedom of Religion > Answer to Question 3 It depends. Secondary public schools may allow student-led clubs unrelated to the curriculum. And if they do, religious clubs must be allowed. In the landmark Westside School District v. Mergens (1990) case, the Court ruled that religious clubs can meet in secondary schools if the clubs are initiated and led by students. Read more about the Mergens decision in You Be the Judge. Good News Club v. Milford Central School (2001) The Supreme Court ruled in Good News Club v. Milford Central School that religious clubs should be able to meet at public schools after school hours like other clubs. Allowing the clubs to meet on school grounds does not violate the Establishment Clause. What First Amendment rights do students have in a private school? The First Amendment applies to the government and its entities such as public schools. It does not apply to private schools because private schools do not receive any public funding. Private school students should consult their student handbook and code of conduct to get a clear picture of what their free speech rights are at school. California’s “Leonard law,” extends free speech rights to both public and non-religious private school students. It also prohibits prior restraint on student speech at private universities. According to the Student Press Law Center, California is the only state with a law like this. Back to Freedom of Religion Questions |
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