Victory for Free Speech at Elementary School Student Talent Show

By 

Jay Sekulow

June 21, 2011

2 min read

Religious Liberty

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Vicki, a mother in Nevada, contacted us because her daughter, Lauren, and her daughters friend, Valerie, auditioned for a talent show at their elementary school. The students sang the popular Christian song, Blessed Be Your Name at the audition. The next day, Laurens teacher told her that, although Laurens voice sounded good, she had not been chosen for the talent show because her song was too religious. The teacher overseeing the talent show then told Lauren that she and the Vice Principal had decided that the song was too religious to be included in the talent show.

 

We provided Vicki with a letter specific to her situation to bring to a meeting that she and Valeries mother had scheduled with the Vice Principal. The letter explained that Tinker v. Des Moines Independent Community School District and other Supreme Court cases have established that a public school may not censor student expression due to its religious or other content unless the school can demonstrate that the speech falls within one of a few narrow exceptions (i.e., the speech causes material disruption, violates the rights of others, is vulgar, or advocates illegal conduct). The letter also discussed a federal court decision which held that a school violated a students constitutional rights by refusing to allow her to sing Awesome God at a talent show. The letter noted that the school could lose federal funding under the U.S. Department of Educations Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools if it denied Lauren and Valerie the ability to sing Blessed Be Your Name due to its religious content.

 

At the meeting, the Vice Principal said that he and the Principal would discuss our letter with the schools attorney. Shortly thereafter, Vicki learned that Lauren and Valerie will be allowed to sing Blessed Be Your Name at the talent show. Vicki told us that she and Valeries mother are very grateful for your assistance. I know the decision would not have been made in our favor without prayer and the support from you and the ACLJ.  Thanks Again!!!!!