California law essentially bars private high schools from
discipling pupils for the content of their speech, unless the speech
falls within an exception to First Amendment protection. The law,
however, "does not apply to any [institution] that is controlled by a
religious organization, to the extent that the application of this
section would not be consistent with the religious tenets of the
organization."
It strikes me that some parents would like to send their kids to
a high school that has some kinds of civility codes (either because they
want their own children to be subject to such codes, or because they
think their children's education would be better if the children around
them are subject to the codes). Under the California law, though,
that's not an option, even if they send their kids to private school --
unless they send their kids to a private religious school whose
religious tenets require the imposition of such a speech code. It seems
to me quite possible that this would give such religious schools a
legally enforced edge over secular schools: They can offer parents an
educational environment for their children that secular schools cannot.
Is the religious exemption therefore unconstitutional?
Eugene
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