Lamb's Chapel Supreme Court Decision

                                                                                                                                                                 Vol. VI, No. 7, September 1993

On 7 June the U.S. Supreme Court voted 9-0 to declare unconstitutional a New York state law which restricted public school facilities from being rented to community groups for religious purposes. In the case a church group sought to rent a school auditorium on week-ends for showing a family film series by Dr. James Dobson. The N.Y. school board argued that the Free Speech Clause of the constitution protects all speech except religious speech, and that the Establishment Clause justifies discrimination against religious speech, as if it is the most dangerous and disruptive kind of speech.

The Lamb's Chapel decision clearly establishes two rules of law which every public school official should memorize: (1) The Free Speech clause requires public school officials to treat private religious speech just like non-religious speech. Officials may not discriminate or censor speech just because of its religious content or viewpoint, even on school premises. (2) The Establishment Clause may not be used to justify censorship or discrimination against private religious speech. Officials must afford equal accommodation and equal access for private religious speakers, including students and non-students. [CLC release]