Student's Religious Speech Protected in California Public School

Today, ACLJ ensured that an elementary school student in a public school in California would be permitted to sing her Christian song at a school-organized talent show. The student chose the song, Beneath the Waters ( I Will Rise) by Hillsong, for her audition for the talent show scheduled for later this week. The song is about the importance and power of baptism. School officials, however, after learning the lyrics and genre of the song to be performed by the student informed her that she would not be permitted to sing her song, or any religious song for that matter at the public school event.

After the student’s parent contacted us, the ACLJ immediately contacted the proper school officials to notify them that student religious speech, including a performance at a talent show, is protected under the First Amendment and that the school may not censor such speech due to its content. In fact, any attempt by the school officials to prevent a student to perform a Christian song under these circumstances would constitute unlawful viewpoint discrimination.

Following receipt of ACLJ’s demand letter, and just in time for the talent show audition on Wednesday, the school officials promptly withdrew their original decision and agreed to allow the student to sing her Christian song for her audition and performance in the talent show.

by ACLJ Attorney Abby Southerland