Question from Summer 2006 Religion and the Constitution Exam  

Question I (Child Worship Club) (50 points)
First Amendment free speech claim by CWC - Public Forum (PF)-Facilities Use Policy(FUP) as limited PF & literature distribution policy as another limited PF-can’t refuse CWC due to content unless satisfy strict scrutiny standard of review - (4 points)
Estab Clause defense raised by School District (SD) to satisfy strict scrutiny (2 points)
Lemon test-secular purpose of FUP-create forum for diverse groups(5 points)
Effect-(SD)-available to all community groups, private religious activity(3 points)
Effect (LL)-no other group in school at time of CWC mtgs, taught by former public school teachers, w/in hearing of day care kids-captive audience, no disclaimer(3 points)
Entanglemt(SD)-coordination to assure safety, no involvemt w/relig content(2 points)
Entanglemt (LL)-administrative arrangemts w/club sponsors, waiting area etc.(3 points)
Endorsement test-purpose to endorse religion or not to discrim against relig?(3 points)
Endorsemt-how will presence of CWC affect Christians & nonChristians- insiders & outsiders, who is relevant group? Children or parents who give permission(4 points)
Reasonable observer knows history & context, situ where relig practice occurs(2 points)
Coercion-day care kids hear prayers in caf, leg coercion? Move CWC site?(6 points)
Good News Club allowed similar use of facilities afterschool by religious club(5 points)
Distinguish-K-5 not K-12, former pub sch teachers, wait area, day care in caf(5 points)
miscellaneous__________________________________________________(3 points)