Hello all,
I just found this news report about a recent court ruling that should concern anyone who values free speech and religious freedom:
Court Says No to Religious Gifts in School
By Gary Schneeberger, CitizenLink editor
SUMMARY: The 3rd U.S. Circuit Court of Appeals finds that
a 4-year-old had no right to give classmates pencils that
said "Jesus loves the little children."
A federal appeals court has forbidden children as young as
4 to give gifts bearing religious messages like "Jesus
loves the little children" to their classmates during
classroom activities.
A three-judge panel of the 3rd U.S. Circuit Court of
Appeals, which covers Pennsylvania and New Jersey, found
late last month that such gifts represent "student
advocacy," according to its decision in a case brought by
the parents of a 9-year-old boy against the Egg Harbor
Township (N.J.) Board of Education.
Daniel Walz, then 4, touched off the controversy in spring
1998 when he brought pencils emblazoned with the message
"Jesus loves the little children" -- a heart symbol
actually stood in for "loves" -- to an Easter party in his
pre-kindergarten class. His teacher confiscated the
pencils and reported Daniel to the principal; Daniel's
parents later sued, alleging violation of his right to
free speech.
A Camden, N.J., U.S. District Court judge ruled against
the Walzes in February 2002; the 3rd Circuit panel
affirmed that ruling this past Aug. 27.
"This decision is probably one of the worst I've ever
read," said John Whitehead, president of The Rutherford
Institute, which is representing the Walzes. "What they're
saying to schools in the 3rd Circuit is that you have
total control and kids have no freedom at all."
The decision, Whitehead added, is at odds with the U.S.
Supreme Court's precedent-setting 1962 Tinker v. Des
Moines Community School District ruling, which famously
found that public school students "do not shed their
constitutional rights to freedom of speech or expression
at the schoolhouse gates." In that case, the court ruled,
in order to deny a student's free speech rights, a school
"must be able to show that its action was caused by
something more than a mere desire to avoid the discomfort
and unpleasantness that always accompany an unpopular
viewpoint."
"The only disruption here," Whitehead pointed out, "was
the teacher who blocked (Daniel from handing out his
pencils)."
The 3rd Circuit acknowledged the protections of the Tinker
decision in its ruling, but found that they didn't apply
to Daniel's gifts. In pointing out other examples where "a
school's need to control student behavior will necessarily
result in limitations on student speech," Chief Judge
Anthony J. Scirica noted that "a quiet reading period
necessarily requires silence."
Whitehead, who plans an appeal to the full 3rd Circuit and
to the U.S. Supreme Court if necessary, said that in
addition to tyrannically stifling free speech, the 3rd
Circuit has taught "a real bad lesson in political science
to children."
"In the schools kids should learn about the Constitution
and freedom and rights so that when they go out in life
they believe that and practice that and support other
people in that," he told CitizenLink. "If you're taught in
schools that you have absolutely no rights, there's no
telling the kind of negative impact that will have in the
future."
And that's why parents must not allow their children to
get that message from this decision, according to Eric
Buehrer, president of Gateways to Better Education, a
national organization that helps students and educators
better understand and appreciate the contributions of
Christianity to society and the world.
Until the courts reach a final resolution in the Walz
case, Buehrer said, there is much parents can do to expose
their children's classrooms to biblical truths.
"The courts have already ruled on the appropriateness to
come in and read kids the Christmas story or the Easter
story," he explained. "Good News (Bible) clubs can get
started after school - that's been settled by the Supreme
Court, too.
"So this is not a hopeless situation. There are
opportunities for Christian families to continue to make a
difference."
FOR MORE INFORMATION: Gateways to Better Education has
launched a project called "Tending the Garden of Your
School" for parents seeking tips on how to bring a
Christian influence to their child's school. To learn
more, visit the organization's Web site.
http://www.gtbe.org/
(NOTE: Referral to Web sites not produced by Focus on the
Family is for informational purposes only and does not
necessarily constitute an endorsement of the sites'
content.)