How 'conflict' over religious groups can 'sharpen' K-12 students’ 'critical thinking': law professor

05 August 2023

As conflict over K-12 curriculums rise across the country in states like Florida and Texas, conflict also pours into spaces outside of the classroom — including extra-curricular clubs like religious groups.

In an op-ed published Saturday by Kansas Reflector, Charles J. Russo, Joseph Panzer chair in education in the School of Education and Health Sciences, director of the Ph.D. program, and research professor of law in the School of Law at the University of Dayton, argues that children's exposure to differences in beliefs and ideas can potentially "sharpen their critical thinking."

In his argument, Russo points to the the fact that "conflict has trailed attempts to establish After School Satan Clubs sponsored by the Satanic Temple, which the U.S. government recognizes as a religious group.

The education law professor emphasizes that, although a religious group, Satanic Temple "has a history of filing suits to try to gain the same rights afforded to Christian groups, in an attempt to highlight and critique religion's role in American society," which has led to "significant questions about freedom of speech in K-12 public schools, particularly around religious issues."

Russo writes:

Litigation around Satan Clubs arose in 2023 when a school board in Pennsylvania refused to allow a club to meet in an elementary school. In May, a federal trial court ruled that the school board could not ban the club, since it allowed other types of clubs. By allowing groups to use school facilities, the court explained, officials had created a public forum. Therefore, excluding any group because of its views would constitute discrimination, violating organizers’ First Amendment rights to freedom of speech.

The lawyer also notes, "As a federal trial court judge in Missouri once observed, provocative speech 'is most in need of the protections of the First Amendment. … The First Amendment was designed for this very purpose.'"

He points to the Equal Access Act, adopted by Congress in 1984, which "applies to public secondary schools where educators create 'limited open fora,' meaning non-instructional time when clubs run by students, not school staff, are allowed to meet," and says that "Officials cannot deny clubs opportunities to gather due to 'the religious, political, philosophical, or other content of the speech at such meetings."

Russo also notes:

The Equal Access Act specifies that voluntary, student-initiated clubs cannot 'materially or substantially interfere' with educational activities. Further, groups cannot be sponsored by school officials, and educators may only be present if they do not participate directly. Finally, the act forbids people who are not affiliated with the school, such as local residents or parents, from directing, conducting, controlling or regularly attending club activities.

"Following the Equal Access Act," the professor emphasizes, "some boards banned all non-curriculum-related clubs in attempts to avoid controversy. Perhaps the Pennsylvania board will go this route as well."

Charles J. Russo's full op-ed is available at this link.

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