Sorry about the delay in posting. We've had some issues in our extended family and they've taken all of my time since Monday evening.
Here's the first installment of evidence demonstrating David Barton's material cannot be trusted:
Exhibit #1
Abington Township School District v. Schempp (1963) 374 U.S. 203
Excerpt from his video, America’s Godly Heritage (the quote below runs from 9:22-10:02, but you should probably start at 9:00 to get the context)
Barton claims:
Note that Barton explicitly tells us how we can check out these claims, “If you go to a law library and examine the text of [Abington Township School District v. Schempp], you will find why the Bible had to be removed from school.” At the time Barton released his video, he knew that very few people in his intended audience would know how to verify his claim. He also subtly discouraged his audience from doing so by inferring that one would have to go to a “law library” instead of a public library, even though most mid-sized libraries would have the text of Supreme Court decisions readily available. In any case, Barton has given us a clear test of his credibility by telling us what we will find if we attempt to verify his claims.
So let’s analyze the two fundamental claims in Barton’s statement:
1.) “In its written decision, the Court noted that ‘if portions of the New Testament were read without explanation, they could be and had been psychologically harmful to the child.’
The first thing to notice is that those words were not the words of the Supreme Court, but an out of context quote from a witness in a lower court decision in the preliminary portion of the written case providing context for the Supreme Court’s discussion and decision:
[In the section recounting the trial held in the District Court for the Eastern District of Pennsylvania]
So Barton falsely ascribes the words of a witness as an official position of the Supreme Court. But some may say that I’m twisting Barton’s words here… He simply says that the “Court noted” and the Supreme Court did reproduce this testimony. That seems plausible except that Barton repeats his assertion for maximum shock value: “Now, that’s quite a statement! The Court has determined that the Bible has to come out of schools because it causes psychological damage to children?”
So it is clear, Barton is misrepresenting the case. So, you may ask, how does he deal with the portion of the Supreme Court ruling that actually includes the rationale and decision of the majority of the justices?
2.) Barton claims, “For the second time in a year, this was a case lacking both historical and legal precedent. Again, the Court simply made a new announcement of policy, ‘No more Bible reading in schools."
Barton’s reference, “the second time in a year”, is (in the context of the video) a reference to the 1962 Supreme Court case, Engel v. Vitale, 370 U.S. 421 (1962).
Barton’s claim is that both Engel v. Vitale and Abington Township School District v. Schempp cases were decided without consideration of historical and legal precedent. (Please note, unless you are going to go into a Clintonese discussion regarding the meaning of the word “lacking”, Barton is not simply saying he disagrees with the decisions, he is making an objective claim about the content of the decisions.) This is clear from the second sentence quoted above, “…the Court simply made a new announcement of policy…”
However, if we examine the text of Engel v. Vitale, we find that the Justices have provided extensive historical precedent for their decision, beginning toward the end of Page 370 U.S. 425, and continuing for 11 more pages to Page 370 U.S. 436. In the case of Abington Township School District v. Schempp, the Justices did not provide much historical background, instead referring back to Engel v. Vitale and previous cases where extensive historical justification was provided.
As for legal precedents explicitly cited, in Engel v. Vitale, we find that the majority decision of the Justices does not cite extensive legal precedent (they have focused primarily on well-documented history), but Justice Douglas’ concurring opinion (beginning on Page 370 U.S. 437) cites four legal precedents and expounds upon them.
In Abington Township School District v. Schempp, the Justices cited numerous portions of at least eight previous court decisions in the majority opinion, not to mention numerous other legal precedents in the three concurring written opinions.
Summation:
Barton’s claim:
The Supreme Court called the Bible “psychologically harmful”.
The reality:
Completely false.
Barton’s claim:
Engel v. Vitale and Abington Township School District v. Schempp were cases lacking legal and historical precedent.
The reality:
At best, his statement is highly misleading. Given that he presented the Supreme Court as being hostile to the Bible immediately before making the claim, it seems clear Barton is not trying to provide a nuanced message regarding the meaning of the word “lacking”.
Verdict:
Barton is lying to his audience.
Here's the first installment of evidence demonstrating David Barton's material cannot be trusted:
Exhibit #1
Abington Township School District v. Schempp (1963) 374 U.S. 203
Excerpt from his video, America’s Godly Heritage (the quote below runs from 9:22-10:02, but you should probably start at 9:00 to get the context)
Barton claims:
“Therefore, on what possible basis could the Supreme Court basis could the 1963 Court justify it's ruling to stop the use of the Bible in schools? The Court always explains its decisions in written form. That 1963 case was no different. It you go to a law library and examine the text of that decision, you will find why the Bible had to be removed from school.
“In its written decision, the Court noted that ‘if portions of the New Testament were read without explanation, they could be and had been psychologically harmful to the child.’ Now, that’s quite a statement! The Court has determined that the Bible has to come out of schools because it causes psychological damage to children? For the second time in a year, this was a case lacking both historical and legal precedent. Again, the Court simply made a new announcement of policy, ‘No more Bible reading in schools.’"
“In its written decision, the Court noted that ‘if portions of the New Testament were read without explanation, they could be and had been psychologically harmful to the child.’ Now, that’s quite a statement! The Court has determined that the Bible has to come out of schools because it causes psychological damage to children? For the second time in a year, this was a case lacking both historical and legal precedent. Again, the Court simply made a new announcement of policy, ‘No more Bible reading in schools.’"
Note that Barton explicitly tells us how we can check out these claims, “If you go to a law library and examine the text of [Abington Township School District v. Schempp], you will find why the Bible had to be removed from school.” At the time Barton released his video, he knew that very few people in his intended audience would know how to verify his claim. He also subtly discouraged his audience from doing so by inferring that one would have to go to a “law library” instead of a public library, even though most mid-sized libraries would have the text of Supreme Court decisions readily available. In any case, Barton has given us a clear test of his credibility by telling us what we will find if we attempt to verify his claims.
So let’s analyze the two fundamental claims in Barton’s statement:
1.) “In its written decision, the Court noted that ‘if portions of the New Testament were read without explanation, they could be and had been psychologically harmful to the child.’
The first thing to notice is that those words were not the words of the Supreme Court, but an out of context quote from a witness in a lower court decision in the preliminary portion of the written case providing context for the Supreme Court’s discussion and decision:
[In the section recounting the trial held in the District Court for the Eastern District of Pennsylvania]
Expert testimony was introduced by both appellants and appellees at the first trial, which testimony was summarized by the trial court as follows: "Dr. Solomon Grayzel testified that there were marked differences between the Jewish Holy Scriptures and the Christian Holy Bible, the most obvious of which was the absence of the New Testament in the Jewish Holy Scriptures. Dr. Grayzel testified that portions of the New Testament were offensive to Jewish tradition and that, from the standpoint of Jewish faith, the concept of Jesus Christ as the Son of God was 'practically blasphemous.' He cited instances in the New Testament which, assertedly, were not only sectarian in nature but tended to bring the Jews into ridicule or scorn. Dr. Grayzel gave as his expert opinion that such material from the New Testament could be explained to Jewish children in such a way as to do no harm to them. But if portions of the New Testament were read without explanation, they could be, and in his specific experience with children Dr. Grayzel observed, has been, psychologically harmful to the child and had caused a divisive force within the social media of the school.
Dr. Grayzel also testified that there was significant difference in attitude with regard to the respective Books of the Jewish and Christian Religions in that Judaism attaches no special significance to the reading of the Bible per se and that the Jewish Holy Scriptures are source materials to be studied. But Dr. Grayzel did state that many portions of the New, as well as of the Old, Testament contained passages of great literary and moral value. (Page 374 U. S. 209-210)
Dr. Grayzel also testified that there was significant difference in attitude with regard to the respective Books of the Jewish and Christian Religions in that Judaism attaches no special significance to the reading of the Bible per se and that the Jewish Holy Scriptures are source materials to be studied. But Dr. Grayzel did state that many portions of the New, as well as of the Old, Testament contained passages of great literary and moral value. (Page 374 U. S. 209-210)
So Barton falsely ascribes the words of a witness as an official position of the Supreme Court. But some may say that I’m twisting Barton’s words here… He simply says that the “Court noted” and the Supreme Court did reproduce this testimony. That seems plausible except that Barton repeats his assertion for maximum shock value: “Now, that’s quite a statement! The Court has determined that the Bible has to come out of schools because it causes psychological damage to children?”
So it is clear, Barton is misrepresenting the case. So, you may ask, how does he deal with the portion of the Supreme Court ruling that actually includes the rationale and decision of the majority of the justices?
2.) Barton claims, “For the second time in a year, this was a case lacking both historical and legal precedent. Again, the Court simply made a new announcement of policy, ‘No more Bible reading in schools."
Barton’s reference, “the second time in a year”, is (in the context of the video) a reference to the 1962 Supreme Court case, Engel v. Vitale, 370 U.S. 421 (1962).
Barton’s claim is that both Engel v. Vitale and Abington Township School District v. Schempp cases were decided without consideration of historical and legal precedent. (Please note, unless you are going to go into a Clintonese discussion regarding the meaning of the word “lacking”, Barton is not simply saying he disagrees with the decisions, he is making an objective claim about the content of the decisions.) This is clear from the second sentence quoted above, “…the Court simply made a new announcement of policy…”
However, if we examine the text of Engel v. Vitale, we find that the Justices have provided extensive historical precedent for their decision, beginning toward the end of Page 370 U.S. 425, and continuing for 11 more pages to Page 370 U.S. 436. In the case of Abington Township School District v. Schempp, the Justices did not provide much historical background, instead referring back to Engel v. Vitale and previous cases where extensive historical justification was provided.
As for legal precedents explicitly cited, in Engel v. Vitale, we find that the majority decision of the Justices does not cite extensive legal precedent (they have focused primarily on well-documented history), but Justice Douglas’ concurring opinion (beginning on Page 370 U.S. 437) cites four legal precedents and expounds upon them.
In Abington Township School District v. Schempp, the Justices cited numerous portions of at least eight previous court decisions in the majority opinion, not to mention numerous other legal precedents in the three concurring written opinions.
Summation:
Barton’s claim:
The Supreme Court called the Bible “psychologically harmful”.
The reality:
Completely false.
Barton’s claim:
Engel v. Vitale and Abington Township School District v. Schempp were cases lacking legal and historical precedent.
The reality:
At best, his statement is highly misleading. Given that he presented the Supreme Court as being hostile to the Bible immediately before making the claim, it seems clear Barton is not trying to provide a nuanced message regarding the meaning of the word “lacking”.
Verdict:
Barton is lying to his audience.