Rusk v. Crestview Local Schools
2002 U.S. Dist. LEXIS 17349, 220 F. Supp. 2d 854, 2002 WL 31059162 (2002)
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Rule of Law:
A public elementary school's policy of distributing flyers from community groups violates the Establishment Clause of the First Amendment when those flyers advertise overtly religious activities, as young, impressionable students are likely to perceive the school's distribution as an endorsement of religion.
Facts:
- The Crestview School District had a policy permitting non-profit community groups to submit flyers to Crestview Elementary School for distribution to students.
- Organizations such as Little League, 4-H, and the YMCA, as well as religious groups, submitted flyers under this policy.
- The school principal, Kathy Mollenkopf, reviewed all flyers to ensure they came from non-profit groups and did not overtly advocate for any religion.
- Teachers placed the approved flyers into students' homeroom mailboxes, which the children retrieved at the end of the school day.
- Students Daniel and David Rusk, attending Crestview Elementary at ages likely between five and twelve, received and brought home flyers publicizing events at Christian churches.
- These flyers advertised activities such as Christian fellowship, Bible stories, and 'songs that celebrate God’s love.'
- Their father, Steve Rusk, believed the distribution of these materials unconstitutionally facilitated religious indoctrination at his children's public school.
Procedural Posture:
- Steve Rusk, along with his sons Daniel and David Rusk, filed a lawsuit against the Crestview School District and its Board in the U.S. District Court.
- The plaintiffs alleged that the school's flyer distribution policy violated the Establishment Clause of the First Amendment.
- Both the plaintiffs (Rusks) and the defendants (Crestview School District) filed cross-motions for summary judgment, asking the court to rule in their favor as a matter of law.
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Issue:
Does a public elementary school's policy of allowing teachers to distribute flyers from community groups, including those advertising overtly religious activities, to young students violate the Establishment Clause of the First Amendment?
Opinions:
Majority - Carr, District Judge
Yes, the school district's policy violates the Establishment Clause. Although the policy has a secular purpose (advertising community activities) and does not create excessive entanglement, it fails the second prong of the Lemon test, which incorporates the endorsement test. Given the young age and impressionability of elementary school children, they are unable to differentiate between the school's neutral facilitation and an official endorsement of the religious messages contained in the flyers. When teachers, as figures of authority, distribute materials advertising overtly religious activities, students are likely to perceive the school as endorsing those activities and the religion itself. This perceived endorsement has the primary effect of advancing religion, which is prohibited by the Establishment Clause. The court distinguished this case from others involving older students by emphasizing that elementary school children cannot fully appreciate the difference between government and private speech, making the risk of perceived endorsement unconstitutionally high.
Analysis:
This case underscores the heightened scrutiny applied to Establishment Clause challenges in the context of elementary education. The decision emphasizes that the age and impressionability of the audience are critical factors in determining whether a government action constitutes an impermissible endorsement of religion. By invalidating a facially neutral policy based on its effect on young children, the court reinforces the principle that schools must be especially vigilant to avoid even the appearance of religious endorsement. This precedent provides a clear guideline for school administrators: while they may permit distribution of flyers from religious organizations for secular events (e.g., a food drive), they must prohibit flyers that advertise overtly religious or sectarian activities to elementary students.
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