Gideons have been handing out Bibles in school or adjacent to schools for longer than I have been alive.  Does the fact that they now stand on public sidewalks really mitigate the legality of what they are doing? Technically, yes.  But there remain some pretty big issues, in my opinion.  First, some context from the  media:

MIAMI -- A federal judge in Florida cleared the way Wednesday for a member of Gideons International to resume distributing Bibles on a public sidewalk, without fear of arrest, until his case is resolved.  The court granted a motion for preliminary injunction requested by attorneys with the Alliance Defense Fund who represent Thomas Gray and struck down as unconstitutional a state statute under which he was threatened with arrest.  Based on this ruling, the state is now prohibited from enforcing the statute.

"All citizens, including those with a religious message, have a constitutional right to express their faith on a public sidewalk.  Christians are not second-class citizens under the Constitution when it comes to free speech," said ADF Senior Legal Counsel David Cortman.  "We are pleased that Mr. Gray will have the opportunity to continue his activities without fear of harassment or arrest while the lawsuit moves forward."
On Jan. 19, Gray and other members of the Gideons Key Largo Camp began distributing Bibles on a public sidewalk outside Key Largo School.  In accordance with the Gideons' Key Largo Camp policy, they did not step on to school grounds, and they notified the Monroe County Sheriff's Office of their plans ahead of time.  School officials were also notified on the day of distribution.  Both said the activity was permissible.

(click for entire story)

Now some context from actual experience - namely mine, and that of my 12 year old middle school student.  

For the second year in a row, the Gideons gave out Bibles at my son's middle school.  His school was build in 1928, and is 100% surrounded by public sidewalk.  The Gideons park themselves in three places from which the students actually have egress from the property - two gated areas that are about 5 feet wide each at the front of the school, and at the end of a fenced corridor that runs from the side of the school to the school buses, which must park on a public street.  It is not possible for any student to leave the school grounds via any of these means without passing within arm's length of a Bible that is being proffered to them by a stranger.

Where in the discussion of protecting rights is the child's right to a secure environment, safe from strangers?    It turns out that even though the sidewalk is public, the public school system still effectively owns the children while they are on it - the school has a doorstep to doorstep policy which means that if my child were to engage in a physical altercation with another student, while on the sidewalk, and standing next to Mr. Gideon, he would face the same level of discipline as he would were he to engage in that conduct inside the building or on the school bus.

What this policy reduces to is that while the children are under the supervision of the school, anyone may engage with the children and present any message of their choice as long as they are on a public sidewalk.  

I can't help but wonder if that's actually the case - should I choose to give out literature about, say, The Flying Spaghetti Monster, or excerpts from the Quran, or images of slaughterhouses from PETA - all of which are a type of proselytizing - would I be granted the same right at the Gideons?  The free access to children under essentially captive circumstances?

When I talked to the school district about this, I was told by an administrator, that of course `not just anyone can give anything to the children.  Certain they would step in if the materials were offensive."

I can't help but wonder who plays the role of the arbiter of what exactly is offensive.  And if they make sure that for instance, the books in the hands of the strange men are actually Bibles and not small tomes of, say, pornography.  And who might judge that The Flying Spaghetti Monster is NOT okay while the Gideons are.

What really typifies this whole thing for me is the assertion the school administrator made to me - that no one would find the Bible offensive.  What if I do?  No one asked me.

Additionally, why to the Gideons bother to notify the schools and frequently local law enforcement that they will be present on a given day?  

I can't help but wonder if it is so they are not confused with some undesirable element who might be exploiting children for their own ends.

Wait, isn't that exactly what they're doing?

Arresting the Gideons is not a good solution.  I, in fact, fully support their right to proselytize to their heart's content.  But not during the time when my child is effectively still at school, and certainly not when they need to rely on a technicality to get a captive audience.  Can't we put them across the street so the children have to want to go get a Bible?

Bible notwithstanding, I want NO ONE engaging with my child during his school time other than teachers and authorized school personnel.  No one else has any business getting within arms reach of my child.  

So, I assert that not wanting the Gideons to give out Bibles at the public school - even while standing on a public sidewalk - has nothing to do with stifling someone's first amendment rights, and everything to do with not allowing strangers unimpeded access to our children simply because a public sidewalk is involved.  By this logic, ANYONE gets to engage, as long as they are on public land.  That's just creepy.

I fear the eventual alternative for the children is a sidewalk that is little more than running a gauntlet of adults presenting an array of possible `truths', simply because they can, and they all want their shot to make an impression on a young and developing mind.  

But, to bring things back around to the Gideons, and Bibles in particular, I can't help but wonder one more thing.  Really, when it comes down to it, to a 12 year old kid, what's the difference between getting a bible from a Gideon inside the school and getting a bible from a Gideon who is standing between you and the school bus?  All technicalities regarding public/private land aside, I can tell you what my 12 year old said when he handed me the little orange book.

"Mom, Look what I got at school."