Flyer-censoring returns to Albemarle

The Albemarle School District in Virginia has decided to restore a policy of censoring the sources of flyers given to children, because of concerns inquiries about the district's policy were taking too much staff time.

The issue started developing more than a year ago when students were banned from handing out flyers promoting a vacation Bible school. As a result of a court challenge the district instituted a new policy allowing any organization to hand out flyers to students.

The result was two flyers – one promoting a pagan Christmas event and another a "freethinkers" summer camp – that offended parents, who complained.

The Albemarle School Board, L to R, front row: Barbara Mouly, Stephen Koleszar, Diantha McKeel; back row: Jon Stokes, Pamela Moynihan, Sue Friedman, Brian Wheeler

So in a 5-1 decision the board now has voted to allow only school-sponsored and local government groups to send publicity home with students.

"For us, it was very much the question: 'Where are we spending staff time,'" school board chief Sue Friedman told the Daily Progress newspaper. "Staff would get 15 calls from parents asking about the flyer policy and not asking how their kids are doing."

However, the decision may return the district to the position it was in before the original policy was challenged by Liberty Counsel, which advocates for First Amendment and free speech rights.

"We've made arguments in the past that allowing outside government sources, but not allowing other sources, is a violation of free speech," Erik Stanley, of Liberty Counsel, told WND.

"It sure looks suspicious if you have a parks and rec department passing out things like Little League, and not allowing CEF (Child Evangelism Fellowship)," he said. "What it really boils down to is most school boards don't really want to shut the forum down. They want to keep their little pet projects."

"They say they're fixing it, but they're not really," he continued. "We don't want to pick on one district, but they've painted a target on themselves."

He said the action "opens up" the district if anyone would choose to challenge the plan.

Friedman told WND that she believes there won't be a problem, because the board considers itself part of county government. She said even though the board hires a superintendent and runs the district, its budget is granted by the county.

She told WND that the school's earlier position had been justified, because the district had not classified religious organizations with other non-profits. "Because of separation of church and state [they] were not afforded the same definition," she said.

She said the appeals court decision, however, required that all non-profits be considered the same, thus the appearance of the pagan promotions, and the resulting complaints.

Various pagan groups had rejoiced at the earlier court ruling sought by the Christians, immediately providing brochures for the school to hand out under such equal access.

"Dear fundie Christians," wrote "Black Knight" on the weblog with a "witchvox" address. "If you want to move to a country ruled by religion, move to either Vatican City, Iran, or any Central African nation. Every facet of their culture should be familiar to you; after all, Vatican City is ran by the original christians (who have had a millenium's experience at torturing non-catholics) , while Iran and the Central African states have their own religious laws in place. They'll be more than happy to treat you like a second-class citizen based solely on the fact that you believe in bizarro-world christian mythology."

The case had begun when Gabriel and Joshua Rakoski, twins at an elementary school in the district, wanted to distribute announcements about their church's vacation Bible school. The school denied them permission, citing a ban on anything "partisan, sectarian, religious or political."

But Liberty Counsel offered the school the advice that such a limit was an unconstitutional restriction on freedom of speech. The school changed the policy, but rejected an offer from Liberty Counsel on what the new policy should say.

The first brochure to get a reaction from parents, WND reported, was promoting a "Pagan Christmas ritual" being held in the community.

The flyer in question was from a group called NatureSpirit from the Thomas Jefferson Memorial Church, a Unitarian Universalist congregation that also teaches "Exploring Islam," "Women Weaving Wisdom," "Discovering the Healing Power of Dreams" and other religious subjects.

The specific promotion that went from teachers and principals to elementary-age students in the district stated:

"Happy Holidays? Have you ever wondered what 'Holidays' refers to? Everyone knows about Christmas – but what else are people celebrating in December? Why do we celebrate the way we do?

"Find out!" the brochure continues. "Come to Thomas Jefferson Memorial Church ... . We'll have an educational program for childeren (sic) of all ages (and their adults), where we'll explore the traditions of December and their origins, followed by a Pagan ritual to celebrate Yule."

The banner also displays three symbols: a cross, a Star of David and a pentagram – a star enclosed in a circle – often associated with paganism, witches groups such as Wicca, and even Satanism.

Then this spring a second brochure was given to teachers to distribute, prompting a quiet revolt. Some teachers said they simply didn't hand them out, citing a violation of their own religious beliefs and rights.

A sample of the brochure district told teachers to hand out

It advertised Camp Quest.

"Camp Quest is the first residential summer camp in the history of the United States for the children of Atheists, Freethinkers, Humanists, Brights, or whatever other terms might be applied to those who hold to a naturalistic, not supernatural, lifestance. Campers are encouraged to think for themselves and are not required to hold any particular view," the ad says.

A teachers' representative anonymously told WND several teachers simply didn't hand out the latest promotion, and of course now fear retaliation if their supervisors find out.

The representative said the teachers were "disgusted" with the latest addition to the pile of information that they call the "backpack express."

"They do put a disclaimer there, that the school doesn't' support it," the representative said. "But we are expected to send this stuff home in childrens' backpacks. It's still coming from me and my classroom."

"I took a stand and did not send it home," the representative said. "Other teachers did the same thing."

The advertisement suggested that children "Take the CAMP QUEST CHALLENGE. Win a god-free $100 bill! Be the first camper in CQ history to disprove the existence of the two invisible unicorns who live at camp!"

Stanley said teachers would have a reasonable right to request that their sincerely held religious beliefs be recognized, and if there's an alternative available, for the school district to implement it.

He said in this case it could be as simple as having a table for students to pick up brochures, if they choose.

In the original case, the school board specifically wanted a policy allowing teachers to hand out flyers from groups school officials liked, but that would ban flyers from Christian Evangelism Fellowship.

And that is precisely what the court concluded could not be allowed.