A Victory for Student Talent Show: "Jesus" Not a Banned Word

Terry Bynum contacted us on April 11, 2008 regarding a talent show at her daughter Mauricas middle school which will take place on Friday, April 18.  The school allows students to perform a song of their choice at the talent show.  Maurica selected the song Shooby by Nicole C. Mullen, a prominent Christian artist.  The teacher overseeing the talent show told Maurica that she could not sing the song as written because it mentions Jesus since some listeners could be offended.  Instead, she would have to change any references from Jesus to God or select a different song.  Mauricas parents raised the issue with the Principal, but he allowed the teachers decision to stand.

We sent a letter to the schools attorney on April 15 which explained that [t]he Schools refusal to allow Maurica to sing the song of her choice due to its religious content violates her free speech rights under the First Amendment to the United States Constitution.  Quoting the famous Tinker case, the letter stated that school officials cannot suppress expressions of feelings with which they do not wish to contend.  The letter also noted that a federal court decision issued in 2006 held that a school had violated a students constitutional rights by refusing to allow her to sing the song Awesome God at a talent show.

In addition, the United States Department of Educations 2003 Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools reaffirms that student religious expression is protected by the First Amendment at extracurricular eventssuch as a talent showas well as in the classroom.  One guideline states, Where student speakers [at extracurricular activities] are selected on the basis of genuinely neutral, evenhanded criteria and retain primary control over the content of their expression, that expression is not attributable to the school and therefore may not be restricted because of its religious (or anti-religious) content.  In this situation, the students were given primary control over the content of their expression at the talent show, so Mauricas choice of a Christian song is not attributable to the school and therefore may not be restricted because of its religious (or anti-religious) content.

We requested a response to our letter by April 16 due to the short timeframe involved.  On April 16, the schools attorney informed us that he had advised the Superintendent and the Principal that Maurica must be allowed to sing her song without alteration.  Based on our conversation with the schools attorney, we do not anticipate Maurica having any problems singing the song at the rehearsal on April 17 or at the talent show on April 18.  Terry and Maurica were very excited that Maurica will be able to sing her song without alteration.