Legal Question in Constitutional Law in New Jersey

viewpoint neutrality

Our school is having a mandatory assembly on global warming. based on viewpoint neutrality, do they have to provide an assembly with skeptics and contrary evidence if students ask for it?


Asked on 4/10/07, 7:04 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: viewpoint neutrality

No.

"Viewpoint neutrality" is required when part of the government (including a public school) imposes limits on the speech of others, but not when it speaks or promotes speech. The school could not forbid students to express doubt about global warming while allowing them to express belief in it, but that isn't what's happening here.

If the law worked as you suggest, geography teachers could be forced -- by the request of a child, no less -- to give equal time to people who doubt that the earth is round. (This may seem outlandish, but there are a lot of people who think schools should have to teach the supposed "other side" of another scientific issue that is almost as well-established.) Such a requirement would make no sense.

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Answered on 4/10/07, 7:52 pm


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