Supreme Court allows 'Jesus Poster' ruling to stand

By Erin Roach — BP News



The U.S. Supreme Court decided April 24 to let stand a ruling by a federal court of appeals that said public schools cannot censor the religious viewpoints of students in class assignments.

The case began nearly seven years ago when a kindergarten student in central New York State drew a poster depicting children holding hands circling the globe while picking up garbage and recycling trash, in response to his teacher’s request to draw his understanding of ways to save the environment. Also on the poster was a drawing of Jesus with one knee to the ground and two hands stretched toward the sky, though Jesus was not labeled, according to Liberty Counsel, which represented the child in the case.

The poster was displayed in the school cafeteria for half a day while students and parents strolled through to examine the artwork, but school officials folded the poster in half to censor Jesus from the picture and avoid accusations of church-state violations.

In October 2005, the Second Circuit Court of Appeals ruled 3-0 in favor of the child’s right to express his religious views on a school poster. The school district then asked the Supreme Court to hear the case, but the justices refused.

The New York Times noted April 25 that the Supreme Court has not directly addressed the issue of students’ rights to free speech in elementary school. Cases from high schools and universities have been examined, though.

“We are pleased the Supreme Court allowed this decision to stand,” Mathew Staver, president and general counsel for Liberty Counsel, said in a statement. “The school district sent a terrible message to Antonio that his faith is not welcome, when officials persisted in censoring his artwork.

“At the pinnacle of the Bill of Rights is the First Amendment, which enshrines our first liberty,” Staver added. “It's about time that school officials learn a simple lesson -- private religious speech when expressed on public property is constitutionally protected.”

Published, May 2006

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