In February 2023, The Satanic Temple (TST), a recognized church and sponsor of various After School Satan Clubs (ASSC) throughout the nation, applied to use the facilities of the Saucon Valley School District (SVSD) for monthly after-school gatherings. Initially, the SVSD approved the TST's use of their facilities, but after immediate backlash and what appeared to be a policy violation, they revoked all access to the ASSC. In response, The Satanic Temple filed suit against the Saucon Valley School District in Pennsylvania due to this direct infringement of their First Amendment rights that explain “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...”
The Saucon Valley School District has authorized the use of facilities after school hours for various “civic, educational, and recreational activities,” provided that such activities comply with the “Rules and Regulations for the Use of School Building, Facilities, and Equipment” Policy. Various organizations have used and been approved to use the SVSD facilities in the past such as the Good News Club (a Christian group sponsored by a local church and Child Evangelism Fellowship), privately operated sports camps, youth sports associations, the Scouts, Girls on the Run, the Lion’s club, etc. On February 1, 2023, TST applied to sponsor an After School Satan Club at Saucon Valley’s Middle School. It is important to note that TST met all qualifications at that time for the use of District facilities and was approved to hold their monthly ASSC meetings on February 16, 2023.
On February 20, 2023, an email was sent to all parents of students in SVSD regarding the opportunity to attend the ASSC with parent permission after school hours, by SVSD Superintendent Vlastly, including important reiterations that the school district does not endorse any groups or content affiliated groups that use their facilities after school hours, and that by law the district cannot discriminate among groups wishing to use their facilities. Soon after this message was sent, the school received a violent message threatening students and staff, referencing the decision of the district to allow the ASSC to meet. This threat was later traced back to a male in North Carolina with no affiliation to TST. Following this threat, the district closed all schools on the evening of the 21st. On the morning of February 22, 2023, the superintendent of Saucon Valley School District sent an email to all district parents stating that the ASSC’s application would be reviewed due to the disruption and threat to safety it had caused. Shortly after this announcement, the SVSD revoked The Satanic Temple's use of school facilities for a policy violation. The school district claimed there was no clear communication that the activities being sponsored are not sponsored by the school district due to the font sizing within the ASSC flyer that stated “our club is operated by The Satanic Temple and we do not operate under any specific school or school district” being too minuscule to read. I note that this school policy provides no specific guidance on what would or would not constitute a violation of the requirement to “clearly communicate that the activities are not being sponsored by the school district.”
The Satanic Temple then sued the SVSD in court for violating the First Amendment by denying the club EQUAL access to the school’s facilities, after initially approving them. The delayed exclusion of the ASSC imposed on The Satanic Temples' free exercise rights, as they had already met all criteria (were previously approved), and similar religious groups, such as the Good News Club, were allowed to use district facilities. TST argued that the district’s decision to revoke facility access for the ASSC effectively allowed public opinion to determine whether or not a religious group could meet, which is referred to as a “heckler’s veto.” Which under the First Amendment “protected speech or religious exercise does not readily give way to a 'heckler’s veto'”. The full outline of this case, in greater detail, is available here.
On May 1, 2023, the Federal court ordered SVSD to allow the ASSC to meet in district facilities. By November 16, 2023, SVSD settled the lawsuit with TST and agreed to pay $200,000 in attorneys’ fees and costs to TST’s attorneys.
The question I will address concerns the School District's authority to revoke access to the ASSC for a policy violation identified upon review of the TST’s application. Superintendent Vlastly would argue yes, but was this really because of a tiny font, or the backlash and threats received by her and the school district in reaction to this minority religious group, The Satanic Temple?
6 comments:
I agree with your argument that the school district treated The Satanic Temple unfairly. If the district allows other religious groups to meet after school, it shouldn’t single out one group just because it’s unpopular. The First Amendment’s free exercise clause is meant to protect religious practice from this kind of unequal treatment, especially when the group followed the rules and the backlash came from others, not from the club itself.
I agree with your argument. A religious group cannot be treated unfairly because of what they believe when compared to another group. Even if TST is controversial, it is still a recognized religious group and should be acknowledged as such.
I agree with your point that SVSD’s ability to revoke facility access to certain organizations is unjust. Based on the facts it appears that this action was taken, at least in part, as a result of ASSC’s beliefs, so to restrict their access to facilities based on this is unconstitutional. This also appears to place a burden on ASSC because their beliefs are that of a minority group which is a key issue that the First Amendment aimed to protect from.
I agree with your opinion. The Satanic Temple is a recognized church with the liberty to sponsor After School Satan Clubs, similar to Good News Club. To not allow ASSC to meet would be to give preferential treatment to other majority religious groups, violating the first amendment’s purpose to protect minority groups. Further, even though the print was “minuscule” on their flyer, the disclaimer was still there in compliance with the school’s policy.
I agree with your argument that the Temple was treated unfairly due to its status as a minority group. This case stands out to me because the school district initally treated the TST fairly, then only enforced the policy violation following public backlash. It is interesting that the TST clearly followed the school's guidelines and still held this dispute.
I understand that, on the surface, the ASSC was mistreated under the Constitution, but the main reason the SVSD overturned the original decision was for security concerns. There was a need to ensure the safety of students and staff due to a real-life threat. Now, TST makes a strong argument regarding “heckler's veto”, but how else should the school respond to such a threat without it being considered a violation of the law?
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