Frequently Asked Questions
Distribution of Religious Literature in Public Schools
Gideons Handing Out Bibles at Public Schools
Take-Home Flyers
Students Passing Out Religious Literature to Classmates
Gideons Handing Out Bibles at Public Schools
Every school year, the Freedom From Religion Foundation receives countless complaints from parents about The Gideon Society or other similar groups who are distributing bibles to their children at public schools.
The Gideons, in particular, focus their efforts on proselytizing school children through bible distribution. It is unfortunate that this group, among other evangelizing groups, view schools as ripe territory for recruitment. These organizations take advantage of truancy laws and the captive audience of school children to proselytize young students.
The Gideons International is self-described as “an interdenominational association of Christian business and professional men who are members of Protestant/evangelical churches. Our members are dedicated to saving the lost through personal witnessing and the distribution of God's Word in more than 180 countries around the world.” The Gideons website openly refers to community schools as a prime target, specifically “students in the 5th grade and above.”
The Foundation has taken complaints over aggressive Gideon tactics, and complicity by school officials, for three decades. These violations include principals who, for years, have permitted members of the Gideon Society to visit classrooms to personally distribute bibles and talk to children, to stand in the halls handing out bibles, or outside the entrance as children leave. Some of the worst cases have involved reports that representatives were pitching bibles at young children entering school buses from school parking lots, even on occasion shoving them through school bus windows! (School safety rules always emphasize the importance of not distracting children as they enter buses, and ensuring that children’s materials are in backbacks, not their hands, to prevent accidents.) As parents we carefully instruct our children not to accept any gifts from strangers. The Gideon practice of distributing bibles to school children teaches them to ignore parental guidance and can pose safety risks when children have to find their way around the representatives.
It takes constant vigilance to keep the Gideons out of public schools. The Foundation has stopped violations occurring with principal knowledge one year, only to have the principals reinvite the Gideons the next! We have halted the Gideons from distributing bibles on school grounds, only to take complaints from parents that when the Gideons moved across the street, they enticed children to rush into traffic to get the “free” wares being hawked. Gideon representatives usually will appear in twos at schools, and parents understandably become nervous when adult men take an over-keen interest in handing materials to their young children without parental knowledge or permission. (Many Foundation members are also offended at the sexism of the Gideon Society, which does not permit women to join. Women must serve male Gideon members as “auxiliaries”!)
Bible Distribution in Public Schools Is Illegal
It is unconstitutional for public school districts to allow these groups to distribute bibles in classrooms during the school day. Courts uniformly have held the distribution of bibles to students at public schools during instructional time is prohibited. This means that Gideons cannot be present inside your child's classroom or on public school grounds to distribute bibles. Public school officials—including principals and teachers—cannot hand out bibles or otherwise facilitate the distribution of bibles.
Courts have determined that allowing bible distribution at public schools—especially to elementary students who cannot make the distinction between private religious speech and state-sponsored speech—is unconstitutional not only because it appears to be government endorsement of Christianity, but also because of the social pressures students feel to accept the bibles. Moreover, these practices infringe parents' rights to direct the religious, or non-religious, upbringing of their own children.
In one of the leading federal court decisions on this topic, Berger v. Rensselaer Central Sch. Corp., 982 F.2d 1160 (7th Cir. 1993), the Seventh Circuit Court of Appeals, which encompasses Wisconsin, Illinois and Indiana, held that classroom distribution of Gideon bibles to fifth-graders violated the Establishment Clause of the First Amendment to the United States Constitution. In striking down the school district's policy permitting Gideons to distribute bibles at the schools, the court stated, “. . . the Gideon Bible is unabashedly Christian. In permitting distribution of ‘The New Testament of Our Lord and Savior Jesus Christ’ along with limited excerpts from the Old Testament, the schools affront not only non-religious people but all those whose faiths, or lack of faith, does not encompass the New Testament.” It is significant that the U.S. Supreme Court let stand this decision, just as it let stand Tudor v. Board of Education of Rutherford, 14 J.N. 31 (1953), cert. denied 348 U.S. 816 (1954) four decades earlier. The law is clear.
Courts have almost unanimously agreed that distribution of bibles in elementary schools—either actively or passively—is unconstitutional because young elementary school children are considered too impressionable to make the distinction between private religious speech and school-sponsored speech.
Anyone, including members of religious groups, may distribute bibles on public sidewalks. School districts cannot restrict or prohibit distribution of religious materials on public sidewalks or streets. If a Gideon representative or other individual is distributing religious literature on a sidewalk near a public school, it is important to determine whether it is a school sidewalk or a public sidewalk. If the school owns the sidewalk, school officials must request the representative to move down the block or go across the street to hand out bibles.
The Foundation takes the position that even if the sidewalk is public, the Gideons should not be allowed to distribute literature on sidewalks in front of the school. Oftentimes, the Gideons and other individuals handing out religious literature place themselves directly in front of school buses forcing children to go around them to get on the bus home. Even if the area is deemed a permissible point of distribution, as a parent you have a right to petition your local government and school board to adopt ordinances and policies prohibiting Gideons and other groups from distributing literature to school children on the sidewalk in front of the schools.
If a Gideon member is distributing bibles to your child in a public school, make sure:
- The school is not allowing the Gideons to distribute bibles in the classroom or during instructional hours.
- The distribution is taking place off school property and after school hours.
- The school faculty and staff are not encouraging, inviting or otherwise facilitating the distribution of the bibles.
If, after reading the above information, you believe there has been a violation of state/church separation, you may contact the FFRF for assistance in filing a complaint with the school district. If you are aware of an ongoing distribution, please phone the Foundation as well as your District Superintendent, and have contact information on school officials at the ready, so the Foundation may take swift action to stop illegal distribution on school property.
(It is important to note that the rights of Gideons to distribute religious literature on public school grounds differs from students' rights to distribute the same materials. See the section below, entitled, Students Passing Out Religious Literature to Classmates for further information.)
What About Gideons on Public College Campuses?
Generally, so long as the Gideons are on sidewalks and public walkways, they may hand out bibles on public college campuses. But every state has different laws. So if this happens on your campus, check with your Dean of Students’ office or the the college website on policies regulating nonstudent activity on campus. If such activity violates campus regulations or permits are required, report the incident promptly to the appropriate authorities.
Take-Home Religious Flyers
Parents frequently contact the Freedom From Religion Foundation with complaints about religious flyers being sent home with their school children—sometimes as young as five years old. Typically, these flyers are from outside religious organizations, such as the Good News Club, inviting students to participate in proselytizing after-school clubs and activities.
The practice of distributing religious flyers by public schools is objectionable on many different grounds. First, school-sponsored distributions of religious material carry the stamp of official endorsement. Certainly, small children are apt to confuse official school notices with religious propaganda. Second, even if the school disassociates itself from the religious activity through a disclaimer, the distribution of literature for religious organizations and activities requires the time and resources of paid school personnel. Policies that allow these third parties to distribute their literature forces teachers of diverse views and beliefs to distribute religious promotional materials.
Clearly, this sort of entanglement between religion and government official is unseemly and inappropriate. Many enlightened school districts across the country have sought to avoid this entanglement by prohibiting third parties from using the take-home flyers system altogether. (Districts increasingly switching to online distribution of official forms may discontinue take-home flyers altogether, which may solve the problem.)
Objections to schools distributing outside flyers, whether for religious or commercial groups, also include practical considerations. Elementary school teachers must sort and insert flyers into children's backpacks, depriving children of instruction. A public school teacher in Madison, Wis., who objected to this situation, estimated that he was sorting and distributing up to 100 flyers per week, costing the District an average of $9,000 per teacher per year! School districts and their employees should not be forced to act as a PR machine for nonschool enterprises. Let these churches and groups do their own legwork and pay for their own advertising. This practice is not only costly in dollar amounts to taxpayers, but it reduces instruction time and wears out (and undoubtedly offends) professional staff, as well as many parents. Parents of elementary-school-aged children are already overwhelmed and deluged with necessary school paperwork, forms to sign, etc.
Some federal courts have deemed distribution of religious flyers in students' take-home folders constitutional if the school flyer system is akin to a limited public forum. This means if the school allows other outside groups, i.e., soccer clubs, etc., to distribute flyers or other promotional materials, then the school cannot discriminate against religious organizations doing the same. These courts have applied the same rationale used in allowing religious groups and churches access to public school facilities. See Churches Meeting in Public Schools FAQ for further information. However, this is not settled law and it is vital for offended parents to protest the entanglement this practice creates between religious groups and schools. Even if it is lawful for public schools to liberally hand out flyers for non-school activities, there is no law saying public schools must adopt such a policy!
It is FFRF's position that the First Amendment erected a "high and impregnable" wall of separation between government schools and church groups. There is no separation of government and soccer required, for example. We do not think a religious group with an agenda to proselytize children should be considered on par with children's athletic teams. But if the price parents must pay to stop distribution of religious flyers is to forego announcements on soccer teams, it would be worth it. It may be necessary to lobby your school district to stop all outside distribution of flyers.
As a concerned parent, you have the right to request your school district amend the take-home flyer policy to restrict this service to school-sponsored or co-sponsored events only. If, however, your school district allows third parties to distribute take-home flyers, there are certain parameters that must be followed. The following illustrates some of the parameters discussed by federal courts and can be used as a guide in determining whether your district's practice of distributing religious flyers constitutes a state/church violation.
- Does the school district have a written flyers policy? Was the policy followed in this instance? Sometimes, teachers or parent volunteers take it upon themselves to distribute flyers on behalf of religious organizations without getting approval from the district. It is important to know whether the school granted access to the forum.
- Who assembled the take-home packet? Was the religious flyer handled by a paid school official? A public school teacher may only have limited involvement in the distribution of religious flyers. Please note that the rights of students to pass out literature to their classmates are more expansive than those of third parties.
- Look at the flyers' content. The flyer should have a disclaimer disassociating the school from the religious group. The flyer should not contain any proselytizing language, i.e., bible verses, Psalms, or other religious sayings. Likewise, the flyer should not contain any religious symbols or imagery, i.e., a cross, depiction of Jesus, or images of children praying. Finally, the flyer must notify the parents that permission slips must be signed in order for students to participate.
If, after reading the above information, you believe that the flyers sent home with your child violate state/church separation, you may contact FFRF for assistance in filing a complaint with the school district. (Please provide a copy of the offending flyer, date(s) of distribution and contact information on the school and District where this took place.) The Foundation has stopped an instance in which the school was publicizing a “Good News Club” to evangelize students, taking place right after the school day, in which rent was not being charged to the church group. Read about case.
Students Passing Out Religious Literature to Classmates
School districts cannot prohibit students from passing out bibles or other religious materials to their fellow students even though third party groups may be prohibited from doing the same. Students have the right to pass out religious literature to their classmates. Freethinking students can take advantage of this right and pass out freethought literature to fellow students to promote reason over faith, good works over prayer, and a respect for the separation between state and church.
However, school district officials can place certain “time, place and manner” restrictions on student distribution of religious literature. This means that public schools may dictate when, where and how students may pass out bibles to their peers. Many school districts can restrict the distribution to certain times of the school day, i.e., the lunch hour or a half hour before school and after school. Public school officials may also require that the students distribute literature from fixed locations, rather than roaming the hallways handing it out to students passing by, and may designate specific locations within the school where the distribution may take place (i.e., only in the cafeteria). These restrictions must apply to all student literature. One federal circuit court has even upheld a public school district's restriction that students could not pass out written materials if those materials were not primarily prepared by students. See Hedges v. Wauconda Comm. Unit Sch. Dist. No. 118, 9 F.3d 1295 (7th Cir. 1993).
School districts may only prohibit student literature that would cause a substantial disruption in the operation of the school, is libelous or otherwise violates the rights of other students, is obscene, lewd or sexually explicit, or any literature that would be seen as sponsored or endorsed by the school. Generally, students may not disrupt a classroom or seek special privileges to hand out literature to other students during the academic day, and there have been court cases over bizarre instances of aggressive student-upon-student evangelizing.
If you believe the District is not applying law on student distribution even-handedly, or is doing something which seems to convey District sponsorship of such literature, you may contact the Foundation for help at legal@ffrf.org.
Written by Rebecca S. Kratz, FFRF Staff Attorney Last Updated Sept. 10, 2009
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