FOX NEWS - The Big Story With John Gibson - Jay Sekulow Debates the Religious Email Authored by Top Air Force Cadet

June 1, 2005
FOX NEWS - THE BIG STORY WITH JOHN GIBSON

JOHN GIBSON, HOST: So, an e-mail from the top graduating cadet is contributing to a controversy that's already plaguing the U.S. Air Force Academy. The student sent a message out to underclassmen that had several religious references. It comes at a time when the school is working hard to address claims that it favors Christianity.

Joining me now, Jay Sekulow from the American Center for Law and Justice and John Lynner Peterson, the communications director at the Interfaith Alliance.

So, Jay Sekulow, did this cadet do anything wrong if he was spouting Christian notions in an e-mail to his fellow classmates?

JAY SEKULOW, CHIEF COUNSEL, AMERICAN CENTER FOR LAW AND JUSTICE: No, because the Supreme Court has said since 1969 that students possess the fundamental right of freedom of speech. And that's not dropped at the schoolhouse gate. And that is especially true for college students. It's true for high school students as well.

And just recently, about a year and half ago, I argued a case at the Supreme Court of the United States. And the court once again cited this famous standard of students not surrendering those free speech rights. And the court was unanimous. So, the fact that it's a religious statement doesn't disqualify it. I mean, the idea that the sensitivity levels are so high that a student-initiated statement would reach the level of hostility that is getting this kind of reaction is almost mind-boggling.

GIBSON: All right, now, John Lynner Peterson, Mr. Peterson, we know that if the people who run the academy were pushing a Christian point of view or a Christian denomination on cadets, forcing them to come to certain religious services or forcing them to kneel, essentially, that that would be unconstitutional. What's wrong with this?

JOHN LYNNER PETERSON, THE INTERFAITH ALLIANCE: Well, first of all, the wing commander, Jurewicz's, e-mail went to 3,000 students. It wasn't just a personal e-mail to a few friends. It went to sophomores, freshmen and juniors.

GIBSON: But he's a student. You called him a wing commander.

(CROSSTALK)

PETERSON: He's a student. He's the wing commander. He's the lead person and he did it as part of his command structure.

As a person who would talk to a few friends, that's fine. The issue here is that this continues to be part of a pattern at the Air Force Academy.

GIBSON: OK, but Mr. Peterson...

(CROSSTALK)

PETERSON: Abusing...

(CROSSTALK)

GIBSON: But, Mr. Peterson, let me just -- let me get apples and apples here.

PETERSON: Right.

GIBSON: There is an investigation about leadership people who are not students at the Air Force Academy. But I think Mr. Sekulow is right about this. I've seen the Supreme Court. Student-to-student communication is free speech. Why subject this guy to this kind of criticism, when he is entirely within constitutional bounds?

PETERSON: Because he did it as part of the command structure, and that's the issue. He could do it to a few small friends, group of friends. That's fine. But he did it against regulations that include forbidding people to use personal content in e-mails at all and secondly against the Air Force's own blue book that General Jumper really reinforced recently when he talked about maintaining the separation of religion and government, so that it's up to the individual.

(CROSSTALK)

SEKULOW: But let me tell you something. Well, you're completely wrong legally, absolutely incorrect.

The Supreme Court unanimously, not just the conservative judges, unanimously -- Justice Ginsburg signed on to opinion saying, when it comes to student-initiated speech, that, even in a command structure -- in fact, that makes it even more applicable -- the First Amendment applies to -- he is a student. He's not an employee of the government. He's a student and he pays tuition. And, therefore, it's covered.

(CROSSTALK)

PETERSON: He is a student and he is a part of a government institution.

(CROSSTALK)

PETERSON: You would not allow the same kind of activity at any other government institution.

SEKULOW: You're absolutely incorrect. There are Bible studies going on in the Department of Labor today.

(CROSSTALK)

PETERSON: Not as part of an official duty. It's not forced on people.

(CROSSTALK)

PETERSON: As individual employees, they are allowed to do it.

GIBSON: Mr. Peterson, I have a suspicion -- maybe it's just me. I have suspicion that the objections to this student's communication, communicating his Christian beliefs, even evangelizing in his e-mail, if that's what he did, is, you are trying to warn him, don't do this as you go forward in your command structure.  I will give you the last word here, Mr. Peterson.

Is what you're doing trying to warn this cadet not to engage in this type of behavior when he goes out and he is an officer?

PETERSON: I think this is an Air Force Academy problem. And this is only one part of it.

They institute a program called Respecting the Spiritual Values of All People, a one-hour course mandatory for all of the people at the Air Force Academy. This has not obviously worked. So, this is part of an ongoing problem that even today Vice President Cheney could have addressed at the commencement exercises.

GIBSON: I've got to thank...

(CROSSTALK)

SEKULOW: But this student had free speech rights. You can't ignore that in all this. Thanks, John.

GIBSON: Jay Sekulow, thanks a lot.

Mr. Peterson, thank you.

This will go on. Appreciate it, both of you.