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Constitutional Law Keyed to Choper
Zorach v. Clauson
Citation:
343 U.S. 306 (1952)Facts
New York City established a program allowing public school students to be released during school hours to attend religious instruction at religious centers off school premises. Students could participate only with written parental consent, and those not participating remained in their classrooms. Religious organizations reported attendance to schools weekly. Unlike the program invalidated in McCollum v. Board of Education, no religious instruction occurred on school property, and no public funds were used. The program operated under regulations requiring that no announcements about the program be made in schools, religious organizations assume responsibility for attendance, and school personnel make no comments about student participation or non-participation. Appellants, taxpayers and parents of public school students, challenged the program as unconstitutional under the First Amendment.
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