Review of David Barton's Textbook, Drive Thru History America

Review Of Drive Thru History America: Foundations of Character A Report by Steven K. Green, J.D., Ph.D. About the Author Steven K. Green, J.D., Ph.D. is a Professor of Law and BYU Law Review, Journal of Church and State, Journal of Adjunct Professor of History at Willamette University, in Law and Religion and the American Journal of Legal His- Salem, Oregon, where he teaches courses in Constitutional tory. Green previously taught at Vermont Law School and Law, Legal History, First Amendment Law, and Church between 1992-2002 served as Legal Director and Special and State. Green also serves as Director of the Willamette Counsel for Americans United for Separation of Church Center for Religion, Law and Democracy, an interdisci- and State, a Washington, D.C., religious liberty organiza- plinary academic program.1 He holds a B.A. in History tion. During his tenure at Americans United, he co-litigat- and Political Science (Religious Studies minor) from Texas ed several cases involving issues of religion and education, Christian University, a J.D. from the University of Texas and he has participated in approximately two dozen cases School of Law, a M.A. in American Religious History at the Untied States Supreme Court. Green helped write from the University of North Carolina, and a Ph.D. in “A Joint Statement of Current Law on Religion and Public Constitutional History, also from UNC. He also under- Education,” in 1995, and through 2000 he periodically took graduate studies at Duke University Law School and advised the Clinton White House and Department of Divinity School. Education on issues regarding religion and education. He has testified on church-state matters in the United States Green is the author of The Second Disestablishment: Congress and in approximately a dozen state legislatures. Church and State in Nineteenth Century America (Oxford University Press, 2010) and the co-author of Religious Green is a member of the American Bar Association, the Freedom and the Court (Baylor University Press, 2008). He American Society for Legal History, serves on the edito- has recently completed his third book, “A Republic of the rial council of the Journal of Church and State, and previ- Bible”: The Great Church-State Debate of the Nineteenth ously served on the Religious Liberty Committee of the Century. Green is the author of more than thirty scholarly National Council of Churches. He is a frequent speaker articles and book chapters about church-state law and his- on religion and education at organizations including the tory that have been published in leading law and academic National and Oregon School Boards Associations and the journals including Cornell Law Review, Notre Dame Law National and Oregon Parent-Teachers Associations. Review, Emory Law Journal, Boston College Law Review, 1 Table of Contents Introduction 3 Overview of the Curriculum 4 Section 1 A Selective History: ‘Christianizing’ America’s Founding and Government 7 Section 2 Misrepresenting the Founders Benjamin Franklin 10 Benjamin Rush 11 George Washington 12 Benjamin Banneker and Haym Salomon 13 Abigail Adams 14 Noah Webster 14 John Quincy Adams 15 Endnotes 16 Introduction In July 2009 the Texas Freedom Network Education Fund values through the curriculum.8 Even passive reminders of provided me with a copy of Drive Thru History America: the importance of religious fealty violate the command of Foundations of Character, written by David Barton and religious neutrality.9 Additionally, lower courts have held Nita Thomason, to evaluate for religious content and that schools may not, consistent with the Establishment historical accuracy, as well as its appropriateness for use Clause, expose students to religious materials that are of a in a public school classroom.2 My evaluation is from the proselytizing nature or seek to instill religious devotion in perspective of one who has taught, litigated, and written students.10 about church-state matters for more than twenty years. Al- though I am not a specialist in public school curriculum, There is nothing objectionable with informing students I have studied and litigated matters related to religious about the role of religion in the nation’s development – expression in public schools involving both devotional and in fact, such instruction can be an important part of a curriculum issues. Additionally, I am a historian of late well-rounded education. Nor is there anything wrong, eighteenth- and nineteenth-century America, specializing pedagogically or legally, with informing students about the in its constitutional and religious influences. religious beliefs of historical figures and how those beliefs impacted their lives. These laudable objectives should not In my opinion Drive Thru History America: Foundations of be interpreted, however, as granting license to curricular Character is inappropriate for use in public schools be- material that seeks to impress religious fealty and devotion cause it includes devotional religious content that seeks to among public school students.11 impose particular religious truth-claims on students. Since 1962 the Supreme Court has consistently held that public Barton’s and Thompson’s history curriculum falls into this schools cannot engage students in prayer, Bible reading, latter category and, accordingly, should not be approved and other devotional activities.3 Public schools, like other for public schools. It displays a clear devotional tone and government entities, lack the authority to promote reli- contains a number of religious truth-claims that cross the gious fealty or interfere with a parent’s right to control the line into promotion of a particular religion. Beyond this, religious upbringing of his or her children.4 Additionally, the curriculum presents a problematic historical account the Establishment Clause of the Constitution serves as a of the Founding period that falls well outside mainstream guarantor of religious non-coercion and religious equal- scholarly understanding, providing inaccurate, incomplete ity.5 These concerns are most prominent within the public and biased profiles of various leading figures from that era. school environment, where school authorities exercise co- Instead of providing an evenhanded account of the reli- ercive power over children.6 The Court has also expressed gious aspects to the nation’s founding, the series promotes concern about the subtle conforming pressures that exist a skewed and misleading view of the religious influences in within public schools when religious activity is directed by the various figures’ lives. It takes historical data out of con- teachers or their surrogates, including fellow students.7 text, offering it as proof of a figure’s worldview. And most troubling, it crosses the constitutional line by encouraging Based on these concerns and principles, the Court has students to consider devotional issues and make religious forbidden public schools from not only engaging students confessions of faith. Any school district adopting this cur- in worshipful activities, but also from seeking to impress riculum would likely face a constitutional challenge. upon students the importance of particular religious 3 Overview of the Curriculum Drive Thru History America: Foundations of Character has no advanced degree in American history (or a related seeks to introduce students to the impact of religion in the field) and has never, to my knowledge, held a faculty posi- lives of several important figures who lived in and around tion at an accredited college or university. Through his the time of the nation’s founding. The materials attempt to advocacy group Wallbuilders, Barton has self-published present those religious and other character-building influ- a number of books, tracts and DVDs on the subject of ences in their lives and how those forces impacted their Christian influences on the nation’s founding. These pub- respective worldviews. lications have been roundly criticized for their inaccuracy and biased view of history and are not generally regarded The curriculum itself is part of a multi-episode “Drive by scholars in the field as reliable historical resources. 13 Thru History” video series produced by ColdWater Media and is composed of Dr. Nita Thomason, listed as the “curriculum specialist for the project,” is less well known than Barton but ap- • a series of DVD lessons (“9 video and parently shares his conservative Christian worldview. The class-interactive sessions with humorous Drive Thru History website includes a fairly thin list of vignettes, man-on-the-street interviews qualifications for Dr. Thomason but does indicate that and high-energy, engaging teaching from she founded a “preschool program at Central Christian host Dave Stotts”) and Church in Richardson, Texas,” and authored publications • a curriculum guide, including both a stu- in the Christian Standard and Today’s Christian Doctor.14 dent textbook and teacher guide. It appears Dr. Thomason currently teaches child development courses at Collin County Community College in The curriculum is available in two separate editions: a “Pri- North Texas. vate/Home School” edition and a separate version, the latter clearly intended by the curriculum’s developers for use Much of the material presented in the book and accom- in public schools. (The promotional website unabashedly panying DVD is not of an overtly religious nature. The markets the materials for use in both sectarian religious information is of a general historical nature, describing settings and

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