Re: Teenagers &The Spirit of Liberty

[Don Byrd]

So, can we expect this "protest" to become a tradition at this and other schools? And what will school officials do when muslim students decide to sing the call to prayer during the ceremony? Or when atheists decide they need to be heard? On what grounds will the school threaten to stifle any spontaneous speech _expression_ if they refuse to curtail this? it's not about religious _expression_, this incident, it's about schools having the right and responsibility to maintain discipline and order ton conduct their activities--the same reason that restricting a student from disrupting algebra class by standing up and reciting a prayer aloud isn't a violation of his constitutional rights. Surely, Rick, you don't suggest the school system begin condoning certain religious acts of protest but not others? I'm sure the school had policies and punishments in place to address this kind of disruption. They should not pick and choose when to apply those regulations based on their level of agreement with the religious speech in question. And, seriously, you think a school system should sanction a process in which a majority religion gets to elect a graduation "chaplain" for the purposes of giving the graduation prayer?? As for how you restrict these kinds of activities, ask the valedictorian in Gallatin, TN... he insisted on being heard at his graduation ceremony, which did not allow for a valedictorian speech. He now faces disorderly conduct charges and is having his diploma withheld. Why is this case any different? http://www.tennessean.com/apps/pbcs.dll/article?AID=/20060524/NEWS04/605240379 On May 24, 2006, at 12:40 PM, Rick Duncan wrote: "This conflict isn't about "free speech" or even a 60-second prayer; it's about who gets to define what kind of nation we are." Charles Haynes First Amendment Center   I agree with this insight. I don't think this issue is about the majority of students bullying a classmate as some have suggested. I think it is about students taking a stand against a particular view of America, a view that wishes to impose a strictly secular establishment in the schools. I guess they (the students who took a stand and their parents who applauded) would say that it is better for the people to define the role of religion in the schools than for the ACLU and federal courts to do so.   I personally am not one who wishes to use public schools to impose religion on dissenters. But I am also strongly imposed to the public schools becoming an engine of secularization, a place where religious children need to wear a secular mask when taking part in school activities.   Again, school choice is the solution to this problem of "defining" what kind of nation we are and what kind of schools we attend. It does not have to be either religious schools and prayer or secular schools and no prayer. It can be both. The one for those who value religion as a necessary part of the education of children; and the other for those who don't.   But if we have a government school monopoly, and if someone tries to impose a strictly secular environment within that monopoly, then I will applaud students who stand up and say "we will not be silenced; we are going to participate in defining what kind of nation we are." These kids are heroes in my book. Their parents should be proud of them.   Rick Duncan   Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902   "It's a funny thing about us human beings: not many of us doubt God's existence and then start sinning. Most of us sin and then start doubting His existence."  --J. Budziszewski (The Revenge of Conscience)   "Once again the ancient maxim is vindicated, that the perversion of the best is the worst." -- Id. Sneak preview the all-new Yahoo.com. It's not radically different. Just radically better. _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private.  Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.

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