January 29, 2014

The Honorable Steve Cookson, Chair

The Honorable Jay Barnes, Vice Chair
Committee on Elementary and Secondary Education
Missouri House of Representatives
State Capitol
Jefferson City, MO 65101


Re: House Bill 1303
ACLU Statement


Dear Chair Cookson and Vice Chair Barnes,

The ACLU of Missouri defends the constitutional rights and civil liberties of all
Missourians as guaranteed under the Constitutions of the United States and
Missouri. On behalf of our thousands of members and activists across the state,
we wish to share our concerns regarding House Bill 1303 (HB 1303). HB 1303
seeks to protect students rights to express and practice their faith in the public
schools. However, these student rights are already well-protected by existing law.
And, as a result of the way the bill articulates these rights, we have three
concerns.

(1) The First Amendment already protects students voluntary ability to
pray and express religious viewpoints.

The U.S. Constitution, the Missouri Constitution, and federal laws already
guarantee that Missouri public school students cannot be denied, among other
rights, the right to:

Pray individually or in groups or to discuss their religious views with their
peers so long as they are not disruptive;

Express their religious beliefs in the form of reports, homework, and
artwork where those beliefs are germane to the assignment;
3601 Main Street
Kansas City, MO 64111
(816) 470-9933
www.aclu-mo.org

454 Whittier Street
St. Louis, MO 63108
(314) 652-3114
(314) 652-3112

OFFICERS AND
DIRECTORS

Sheila Greenbaum
President

Thomas Hayde
Daron Smith
Vice Presidents

Bob Waugh
Treasurer

Shontaia Riley
Secretary

STAFF

Jeffrey A. Mittman
Executive Director

Anthony Rothert
Legal Director

Nancy Burchfield
Director of Philanthropy

Diane Balogh
Communications Director

Grant Doty
Staff Attorney

Mustafa Abdullah
Program Associate

Deborah Read
Executive Assistant

Michael Hill
Paralegal

Crystal Williams
Jay Hardenbrook
Lobbyists
Chair Cookson & Vice Chair Barnes
HB 1303ACLU Statement
January 29, 2014
Page 2


Participate in before- or after-school events, such as see you at the pole activities;

Distribute religious literature to their schoolmates, subject to reasonable time, place, and
manner or other constitutionally acceptable restrictions imposed on the distribution of all
non-school literature;

Speak to, and attempt to persuade, their peers about religious topics just as they do with
regard to political or other topics;

Form religious clubs in secondary school and to have equal access to campus media to
announce their meetings if a school receives federal funds and permits other student non-
curricular clubs to meet during non-instructional time; and

Wear T-shirts with religious messages and the like, which may not be singled out for
suppression.
1


(2) HB 1303 creates confusion about students religious rights and their right to religious
expression.

The U.S. Department of Education has stated that the right to engage in voluntary prayer
or religious discussion free from discrimination does not include the right to have a
captive audience listen, or to compel other students to participate. Teachers and school
administrators should ensure that no student is in any way coerced to participate in
religious activity.
2


We are concerned that this bill may subject students to religious coercion in a limitless
range of settings, including those which the Constitution already prohibits, e.g., prayers
over the loudspeaker at football games and reciting Bible verses during morning
announcements, causing affected students and others to file lawsuits.

(3) The confusion this bill creates for students, teachers, and administrators may result
in litigation.

The bill, in its articulation of a true limited public forum, may exclude students that do
not meet certain criteria from ever speaking in the purported forum. As a result, these

1
See for example Religious Expression in the Public Schools, issued by the United States Department of
Education, Secretary of Education, May 1998; and Religion In The Public Schools: A Joint Statement of Current
Law, 1995, issued by thirty-seven religious liberty organizations, including the Christian Legal Society, the
National Association of Evangelicals, the Anti-Defamation League, the American Civil Liberties Union, the
National Council of Churches, the Presbyterian Church (USA) and the United Methodist Church, General Board of
Church and Society.

2
See Religious Expression in the Public Schools, issued by the United States Department of Education, Secretary
of Education, May 1998.
Chair Cookson & Vice Chair Barnes
HB 1303ACLU Statement
January 29, 2014
Page 3

American Civil Liberties Union of Missouri
3601 Main Street, Kansas City, MO 64111 | Phone: 816-470-9933
454 Whittier Street, St. Louis, MO 63108 | Phone: 314-652-3114
Fax: 314-652-3112 | www.aclu-mo.org

students may seek judicial relief to force school districts into establishing true limited
public forums and accepting the speech consequences that come with such forums.
Furthermore, the confusion that this bill creates may result in studentsknowingly or
unknowinglypushing the envelope and getting punished or expelled for religious
expression.

Thank you for allowing us the opportunity to share our concerns. Please feel free to contact the
undersigned should you have any questions or require any additional information.

Sincerely,




Jeffrey A. Mittman
Executive Director
American Civil Liberties Union of Missouri