ACLJ in Federal Court Trial Today Protecting Student Speech

This morning our Southeast Regional Office headed by ACLJ Senior Attorney Larry Crain will be in federal court in Nashville, TN.  We are defending school officials in  Wilson County who have been sued in an ACLU-backed lawsuit.  Two years ago, the litigation commenced initially over the school districts inclusion of Christmas songs with religious themes being sung during the schools concert performance.  When the litigation commenced, the ACLU also challenged the See You At The Pole event, demanding that the event either not take place or not be allowed to take place within 15 minutes of the school day.  The ACLU also made a series of unreasonable demands which would have significantly restricted not only our clients rights, but the rights of the students attending Wilson County public schools. 

I will have Larry Crain on our radio broadcast this morning to give us a live report and update from the courtroom.  We also hope to have Larry on the remainder of the week to discuss the trial status and to give frequent progress reports.  The issues involved in the case include See You At The Pole events, religious-themed music during concert performances, student Bible Club meetings and other constitutionally protected religious expression.  Our argument will build on the three Supreme Court cases that we have previously won.  In Mergens v.  Board of Education of Westside Community Schools, the Supreme Court of the United States held that the Equal Access Act allowing for Bible Clubs and prayer groups to meet was, in fact, constitutional.  This allows students to advertise their meetings, distribute literature and fully participate in club activities.  In Lambs Chapel v. Center Moriches School District, Christian groups were allowed access to school facilities in order to show a film series dealing with family issues. The Court held that viewpoint discrimination targeting religion is unconstitutional.  This decision helped groups like See You At The Pole and other student groups to have access to community campuses.  Just four years ago, I presented oral arguments in the campaign finance case, McConnell v. FEC, where the Supreme Court held that [m]inors enjoy the protection of the First Amendment.  This decision relating to student expression was unanimous in our favor, and the Court reincorporated its famous Tinker v. Des Moines Independent Community School District decision which held that [i]t can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.

This Wilson County case is very important.  Three lawyers from the ACLJ are working on the case, and we will continue to update you as this matter progresses.