From The Satanic Temple, Inc. v. Saucon Valley School Dist., decided yesterday by Judge John M. Gallagher (E.D. Pa.):
[According to the Complaint,] Plaintiff, The Satanic Temple, Inc. ("TST") "is a non-theistic, religious not-for-profit corporation" that "has been recognized by the IRS as a church… and as a religious corporation." Plaintiff, TST, "does not worship Satan," but rather regards "Satan … as a literary figure who represents a metaphorical construct of rejecting tyranny, championing the human mind and spirit, and seeking justice and egalitarianism for all." TST "has more than 700,000 individual members" who believe in the "seven Satanic virtues: benevolence, empathy, critical thinking, creative expression, personal sovereignty, compassion, and the pursuit of justice." TST sponsors the After School Satan Club ("ASSC" or the "Club") at "a number of public schools across the country to provide young people with an alternative to other religious clubs that meet on campus after school." …
The District's process for approving individual and community group use of its facilities is governed by the District's Board Policy 707 ("Policy 707"). Policy 707 states: "It is the policy of the Board of School Directors of the Saucon Valley School District to make available the facilities of the school district to organizations, associations and individuals of the community for civic, cultural, educational and recreational activities when the scheduling of these activities does not interfere with the educational program of the district." …
Because the District sponsors some after-school activities and groups, such as "Girls on the Run," "the Boy Scouts," "the Joetta [Sports] & Beyond Camp," the "Saucon Valley Youth Sports Association," and "Saucon Valley Youth Basketball," groups approved for use of District facilities that are not sponsored by the District must abide by the following Policy 707 limitation, hereinafter referred to as the "Advertising Restriction":
When advertising or promoting activities held at school facilities, individuals and community groups shall clearly communicate that the activities are not being sponsored by the school district….
The Satanic Temple initially got District permission to hold four After School Satan Club meetings on campus in the afternoon after school dismissal, but this was rescinded after someone left a school shooting threat on the District's voicemail (which led to the District's closing the school for a day) and then the District "received over 40 phone calls and 50 emails or handwritten letters, daily, from concerned staff, parents, and community members." TST sued, claiming the District's actions violated the First Amendment, and the court allowed the case to go forward:
