Satanic Temple, Inc. v. Saucon Valley Sch. Dist.

671 F.Supp.3d 555

The SATANIC TEMPLE, INC., Plaintiff, v. SAUCON VALLEY SCHOOL DISTRICT, Defendant.

Civil No. 5:23-cv-01244-JMG

United States District Court, E.D. Pennsylvania

Signed May 1, 2023

Daniel Mach, Heather L. Weaver, American Civil Liberties Union Foundation, Washington, DC, Noah Shaw Becker, Will W. Sachse, Dechert, LLP, Philadelphia, PA, Richard Tsai Ting, Sara J. Rose, ACLUF of Pennsylvania, Pittsburgh, PA, for Plaintiff.

Mark W. Fitzgerald, Beth N. Shore, William Christian Moffitt, Fox Rothschild LLP, Blue Bell, PA, for Defendant.

MEMORANDUM OPINION

GALLAGHER, United States District Court Judge

I. OVERVIEW

When confronted with a challenge to free speech, the government's first instinct must be to forward expression rather than quash it. Particularly when the content is controversial or inconvenient.¹ Nothing less is consistent with the expressed purpose of American government to secure the core, innate rights of its people.

Here, although The Satanic Temple, Inc.'s objectors may challenge the sanctity of this controversially named organization, the sanctity of the First Amendment's protections must prevail. Indeed, it is the First Amendment that enumerates our freedoms to practice religion and express our viewpoints on religion and all the topics we consider sacred. Though the "First Amendment is often inconvenient" depending on one's perspective, or responsibilities, this inconvenience "does not absolve the government of its obligation to tolerate speech." Int'l Soc'y for Krishna Consciousness v. Lee, 505 U.S. 672, 701, 112 S.Ct. 2701, 120 L.Ed.2d 541 (1992) (Kennedy, J., concurring). "Even in the school setting, a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint is not enough to justify the suppression of speech." Child Evangelism Fellowship of N.J. v. Stafford Twp. Sch. Dist., 386 F.3d 514, 528 (3d Cir. 2004) (quoting Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 509, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969)) (emphasis added, internal quotations omitted).

At this stage of litigation, because the record before the Court indicates the decision of Defendant, Saucon Valley School District, to rescind approval of the After School Satan Club's ("ASSC") use of District facilities was based on The Satanic Temple's controversial views on religion and the community's negative reactions thereto, the Court Grants in Part and Denies in Part The Satanic Temple's motion for preliminary injunctive relief. For the reasons that follow, the District must permit the ASSC to meet at the location and on the dates upon which the parties contingently agreed (ECF No. 23) during the current school year. The District is not required, however, to distribute ASSC's permission slip to students.

II. BACKGROUND

a. The Parties

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." See Complaint at ¶¶ 13, 15 [ECF No. 1]. 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." Id. at ¶ 21. 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." Id. at ¶¶ 14, 23. 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." Id. at ¶ 1.

Defendant, Saucon Valley School District (the "District"), is a public school district of 1,988 students, located in Northampton County, Pennsylvania. See Defendant's Brief in Opposition to Plaintiff's Motion for a Temporary Restraining Order and/or Preliminary Injunction at pg. 7 of 26 [ECF No. 27]; Affidavit of Jamie Vlasaty at ¶ 3 [ECF No. 27-1]. "Like many other public school districts in Pennsylvania, the District makes its facilities available for outside organizations and individuals to rent outside of school hours." Defendant's Brief at pg. 7 of 26 [ECF No. 27]. Jamie Vlasaty, hereinafter referred to as the "District Superintendent" or "Superintendent," is the current Saucon Valley School District Superintendent, having held the position since February 22, 2022. Vlasaty Affidavit at ¶ 1 [ECF No. 27-1].

b. District Board Policy 707, "Use of School Facilities"

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"). Defendant's Brief at pg. 7 of 26 [ECF No. 27]. 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." See Board Policy 707 at pg. 2 of 6 [ECF No. 1-4]; Defendant's Brief at pg. 7 of 26 [ECF No. 27]. "In furtherance of this overarching purpose, Policy 707 establishes the procedures individuals and community groups must follow to obtain approval to use District facilities as well as the rules they must abide to once that approval is granted." Defendant's Brief at pg. 8 of 26 [ECF No. 27]. According to the District, the "responsibility of reviewing each request for use of facilities, and, if all requirements are met, scheduling the use of facilities" rests with "the Administration (i.e., the District Superintendent and her staff)." Id.

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.

Defendant's Brief at pg. 21 of 26 [ECF No. 27]; then quoting Board Policy 707 at pg. 4 of 6 [ECF No. 1-4]. Policy 707 also prohibits individuals and community groups from using school facilities for possession, use, or distribution of illegal drugs, tobacco products, and/or alcohol; possession of weapons; engaging in conduct that may damage property; engaging in conduct that violates state or federal law; and gambling. Board Policy 707 at pg. 5 of 6 [ECF No. 1-4].

Lastly, Policy 707 provides that the District "reserves the right to remove from the school district premises any individual or community group who fails to comply with the terms and conditions of this policy and established procedures." Id.

c. Factual Summary

On February 1, 2023, TST applied for use of District facilities to hold TST's After School Satan Club ("ASSC") on March 8, 2023, April 12, 2023, and May 10, 2023 from school dismissal until 4:30 p.m. Vlasaty Affidavit at ¶ 4 [ECF No. 27-1]; Compl. at ¶ 35 [ECF No. 1]. In addition to meeting space, the application also requested tables and chairs for 3 volunteers and an estimated 5-10 attendees. See Defendant Saucon Valley School District Index of Exhibits for April 20, 2023 Hearing, Ex. S-6. [ECF No. 32]. The District granted TST's application to use District facilities at the District's Middle School on February 16, 2023. Vlasaty Affidavit at ¶ 13 [ECF No. 27-1]; Compl. at ¶ 37 [ECF No. 1]. The District Superintendent approved TST's application "[b]ecause TST had met the requirements in Policy 707." Vlasaty Affidavit at ¶ 12 [ECF No. 27-1].

During discussions between District officials and TST about TST's use of District facilities, June Everett, Campaign Director for ASSC, shared a sample flyer advertising the ASSC with District officials ("Sample Flyer"). Defendant's Brief at pg. 12 of 26 [ECF No. 27]; Defendant's Index of Exhibits for April 20, 2023 Hearing, Ex. S-7. [ECF No. 32]. The Sample Flyer is titled "Hey Kids! Let's Have Fun at After School Satan Club!," states it is "Sponsored by: The Satanic Temple and Reason Alliance," and contains a small-print disclaimer (the "Disclaimer") at the very bottom of the flyer stating:

The United States Constitution requires schools to respect the right of all external organizations to distribute flyers to students at school if the school permits any such organization to distribute flyers. Accordingly, the school cannot discriminate among groups wishing to distribute flyers at school and does not endorse the content of any flyer distributed at school. The school encourages parents to assist their children in making choices appropriate for them. This is not an activity of the school or School District.

Defendant's Index of Exhibits for April 20, 2023 Hearing, Ex. S-7. [ECF No. 32].

On February 20, 2023, the District Superintendent "began receiving phone calls and emails from District parents and community members expressing concern about the District's sponsorship of the TST's Club." Defendant's Brief at pg. 9 of 26 [ECF No. 27]. "In response to these concerns," at 7:52 P.M. that same day, February 20, 2023, the District Superintendent "issued a letter via email to the entire District community explaining that the District had approved [TST's] Club to use school facilities after school hours, but that the Club was not a District approved club." Defendant's Brief at pg. 9 of 26 [ECF No. 27]. The text of this e-mail was also posted on the District's Facebook page, though...