This is a very interesting recent case. A good one for class discussion. Here
is the ADF press release (including before censorship and after censorship
pictures:
"Tenn. school censors ‘God Bless the USA,’ ‘In God We Trust,’ ADF sues
http://www.alliancedefensefund.org/news/story.aspx?cid=4847
ALLIANCE DEFENSE FUND NEWS RELEASE
March 3, 2009 – FOR IMMEDIATE RELEASE
CONTACT ADF MEDIA RELATIONS: (480) 444-0020 or www.telladf.org/pressroom
** PHOTOS LINKED BELOW **
Tenn. school censors ‘God Bless the USA,’ ‘In God We Trust’
School orders references to God and prayer covered up on posters
NASHVILLE, Tenn. — Attorneys with the Alliance Defense Fund filed a
lawsuit Tuesday on behalf of parents and students at Lakeview
Elementary School in Wilson County after school officials ordered “God
Bless the USA,” “In God We Trust,” and other phrases referencing God
and prayer to be covered up on posters before they could be displayed
in the school’s hallways. The posters were hand-drawn by students and
their families to announce “See You at the Pole,” a voluntary,
student-led prayer event held outside of class time.
“Christian students shouldn’t be censored for expressing their
beliefs,” said ADF Senior Counsel Nate Kellum. “It’s ridiculous as well
as unconstitutional to cover up these references to God and prayer–one
of which is the National Motto itself–on posters announcing a
student-led activity. School officials appear to be having an allergic
reaction to the ACLU’s long-term record of fear, intimidation, and
disinformation, despite a previous court ruling at this very school
that said students can observe these types of events on school
property.”
The American Civil Liberties Union previously sued the school to
stop it from recognizing such events, including “See You at the Pole”
and the National Day of Prayer. In May 2008, a federal judge refused to grant
the ACLU’s request.
Each year, students and parents affiliated with Lakeview Elementary
School in Mt. Juliet have placed posters in the hallways of the school
informing students of the “See You at the Pole” event. This year, each
poster, made on personal time without the use of any school funds or
supplies, included the disclaimer: “See You at the Pole is a
student-initiated and student-led event and is not endorsed by Lakeview
Elementary or Wilson County schools.” Nevertheless, the students and
their parents were ordered to cover up references to God and prayer and
any Scripture passages on the posters or else they could not be posted.
After a school employee told the parent of one student, “You can’t
hang up those posters. They have the word ‘God’ on them,” the school’s
vice principal and director reinforced the policy, explaining that
posters containing religious references, like “In God We Trust,” “God
Bless America,” and “come and pray,” are precluded by school board
policy and prohibited in the hallways as inappropriate.
“The Constitution prohibits government officials from singling out
religious speech for censorship, but this is exactly what Lakeview
school officials did when they ordered these words to be covered,”
Kellum said.
ADF-allied attorney David L. Maddox is serving as local counsel in the case.
• Before and after photos of one “God Bless the USA” poster
• Before and after photos of one “In God We Trust” poster
• Before and after posters of one “Come Pray With Us” poster
• Complaint and motion for preliminary injunction
with supporting brief filed in Gold v. Wilson County School Board of
Education with the U.S. District Court for the Middle District of
Tennessee"
Rick Duncan
Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902
"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty
is a well-armed lamb contesting
the vote."--Ben Franklin (perhaps misattributed, but still worthy of Franklin)
"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.
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