Debate Student Can't Wear "God is Dead" T-shirt For Yearbook Photo

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The Arlington High School Debate Club President wore a t-shirt with Friedrich Nietzsche's quote, “GOD IS DEAD” for his debate club's yearbook photo, but was later told he needed to reatke the photo without the shirt. 

The school district's lawyer said that the yearbook adviser and the yearbook staff could use their discretion to omit offensive and inappropriate content. So they did. What exactly is offensive or inappropriate about the t-shirt?

Arlington student's 'God is Dead' T-shirt prompts yearbook tussle

He believes it's a matter of freedom of speech, but the yearbook adviser apparently disagrees

By Gale Fiege
Herald Writer

ARLINGTON — As debate club president and a top student, Arlington High School senior Justin Surber has studied the constitutional rights of free speech.

Surber, 18, recently took a stand that will keep him from appearing in his club's yearbook photo.

Once a week, Surber wears a black T-shirt featuring the 19th-century philosopher Friedrich Nietzsche's take on religion. In block letters, the shirt reads “GOD IS DEAD.”

Nobody has told him he can't wear the shirt to school. He wears it to provoke debate, he says, and that's why he wore the shirt the day the debate club photo was taken for the yearbook.

Now Surber believes his T-shirt prompted the school's yearbook adviser to ask for a retake of the photo, without the T-shirt.

“I feel I am a victim of censorship,” Surber said.

When a student yearbook staff member came to take a second photo of the debate club a few weeks ago, Surber's friend Reed Summerlin asked for an explanation.

The yearbook staffer indicated she had been asked by the yearbook adviser not to tell Surber the reason for the retake, Summerlin said. “She said it was about Justin's shirt.”

In protest, Surber and Summerlin chose not to be in the second photo.

“I support Justin and his opinions, but this is a touchy case,” Summerlin said. “The loopholes will allow the school to say the T-shirt can't be in the yearbook.”

The school district's lawyer advised school administrators that a student's First Amendment rights aren't violated if the yearbook staff decides not to run a photograph of that student, said district spokeswoman Misti Gilman.

The yearbook adviser's personal beliefs didn't play a part in the decision to have the debate club photo retaken, and she and the yearbook staff can exercise their discretion to omit offensive and inappropriate content, Gilman said.

Arlington's student handbook says that student publications sponsored by the school are not considered the private speech of students but are public activities of the school district, Gilman said.

The student handbook also protects student expression as long as it doesn't disrupt the educational environment, Surber argues.

“It seems the debate club photo was retaken because my beliefs are not respected by this institution,” Surber said. “Given that photos of students in clothing with Christian messages are allowed in yearbook, one has to wonder if they are taking too much power into their hands with the whole discretion thing.”

Some of the other students in the original debate club photo may not have wanted to be associated with Surber's T-shirt, and they may have expressed concern about being in the same photo with Surber, Principal Kurt Criscione said.

“The yearbook staff takes great pride in their work,” Criscione said. “They want to present the best possible snapshot of life at Arlington High School.”

Two weeks ago, Surber wrote e-mails to his principals and the school superintendent, expressing his concern about the retake of the debate club photo for the yearbook. He said he has yet to hear back from anyone.

Criscione said he decided that Surber's note was just an expression of opinion, not something that required any action on the part of the administration.

Instead, Surber should have gone directly to the yearbook adviser with his concerns, Criscione said. “Just think of the learning opportunities he and the yearbook staff could have had if they had discussed First Amendment rights.”

Surber said he did not want to create a personal problem with the yearbook adviser and decided instead to send a note to the principal and vice principals.

“Not one of them could even take the time to respond. To even tell me I should go talk to (the yearbook adviser), I didn't ask the principal for action as I didn't know what actions could actually be taken. This isn't your everyday issue,” Surber said.

Surber has a cumulative grade point average of 3.85 and works 30 hours a week at local fast-food restaurant. His goal is to graduate from law school and enter the political arena.

Surber said he loves his school.

“But I just can't sit back and let censorship happen. The yearbook is for students. I want to be remembered by my peers as someone who stood for what he believed in,” he said. “Whatever happens with this, the process has been an education.”

Gale Fiege: 425-339-3427; gfiege@heraldnet.com.

Special Rights for the Religious in Public Schools

The religious right is trying and succeeded in some cases in getting laws passed in some states that gives special rights to the religious in public schools. These special rights don't really give them any more rights than is already allowed under the First Amendment. However, these laws allow the religious to be protected in what has been traditionally a secular space. Sandhya Bathija of Americans United writes in a blog post about what is happening in Massachusetts and has happened in other states.

Bogus Bill in Boston: Religious Right Targets Mass. Public Schools


November 13, 2009
 
It’s not often that Massachusetts falls under Americans United’s microscope. But this week, the Massachusetts Family Institute (MFI) has brought the New England state to our attention.
The group, a state affiliate of James Dobson’s Focus on the Family, has succeeded in finding bipartisan  sponsors for legislation that will “ensure the existing free speech rights of religious students” while they are in school.
The proposal, according to the Boston Globe, will require school districts to create policies to allow “a limited public forum and voluntary student expression of religious views at school events, graduation ceremonies, and in class assignments, and non-curricular school groups and activities.” The bill was written by MFI public policy director Evelyn Reilly.
It’s nothing we haven’t seen from the Religious Right before. In fact, it sounds strangely similar to a “Religious Viewpoint Antidiscrimination” measure that was passed by the Texas legislature in 2007.
According to Texas Gov. Rick Perry’s Web site, this law “does not expand religious expression in schools,” but makes it so children are “not shielded from religious expression nor exposed solely to secularism in our schools.” Perry, a Religious Right favorite, believes that mere “discussion does not lead to indoctrination; rather, it leads to open-mindedness and personal and educational betterment.”
It’s the same old song creationists have been singing for a long time. For years, it’s been a Religious Right tactic to push for teaching the “strengths and weaknesses” of evolution in an effort get religion into the science classroom. These “viewpoint anti-discrimination” bills are just another backdoor effort to do the same.
That’s why Americans United warned against the Texas measure in 2007 and another similar bill that was vetoed by Gov. Brad Henry in Oklahoma in 2008. Henry said the bill, if signed into law, could lead to “an explosion of costly and protracted litigation.” But finding Henry’s veto “totally bogus,” State Rep. Sally Kern introduced a different version of the bill again in 2009. It failed again.
Six other states also introduced similar measures earlier this year, including Georgia, South Carolina, Mississippi, Indiana, Kentucky and Arizona.
“This is a concentrated movement to force public schools to create forums exclusively for religious speech,” said AU State Legislative Counsel Dena Sher. “Students have a First Amendment right to voluntarily pray or read their Bibles in the public schools, but some people are using these bills to proselytize fellow students.”
We already know that students can talk freely about their religion at school and participate in after-school religious activities, such as Bible study.  But the courts have always drawn a distinction when students are addressing a captive audience, such as at graduation, said Ronal Madnick, president of the Massachusetts chapter of Americans United for Separation of Church and State.
“You can’t do it where people have to be in attendance,” Madnick told the Globe.
This proposed legislation specifically states that students should be free to express religious views at school events. That doesn’t sound like the bill is trying to “ensure existing free speech rights” but rather expand them beyond current constitutional parameters.
Besides, we know it would be pointless to pass a bill that merely restates current law. Much more is at stake here, and knowing who’s behind it all, we have a pretty good idea just what that is.

Special Area Provided for Religious Signs at Football Games

Image by WRBC via WRBC

When I first read the article below I said WTF? Then I realized that the school had already done the right thing and banned the religious banners. However, due to a complaint they allowed them back, although about 50 yards away, they are still on the school grounds. WTdoubleF? What part of keeping religion and its influence out of public schools don't they understand?!

While the district superintendent supported her decision to not allow the banners with case law, she none the less appreciated the students "christian values". However, one of the best quotes comes from a cheerleader at the high school, "It was heartbreaking to know that our school system is just conforming to the nonbelievers and letting them have their way when there's so many more people wanting the signs. Our freedom of speech and freedom of religion is being taken away." Fail!


The following is the article from Fox News online:

A public high school in Georgia that recently banned banners containing Bible verses from being displayed at its football games will designate an area roughly 50 yards away from the field for cheerleaders, students and others to erect signs with religious themes, the school's principal said Wednesday.

The decision comes after a group of cheerleaders were told they could no longer display the religious banners — a mainstay at the school for eight years — on the football field at Lakeview-Fort Oglethorpe High School in Fort Oglethorpe, Ga. The ruling caused an uproar in the community.
Jerry Ransom, the school's principal, said he expects the newly designated area, on the school's lawn, will see a large turnout.
"I expect a lot of kids to have signs and T-shirts," Ransom told FOXNews.com on Wednesday. "We've designated an area to hold the 'run-through' signs outside the stadium for those who want to display Christian signs or Muslim signs or whatever they want to do.
"We've got a big front yard here, and we're going to try and accommodate everyone."
Click here for a video.
Ransom said the religious-themed banners, which the school's cheerleaders hand-craft during the summer, have been a fixture at the school's football games since shortly after the terror attacks of Sept. 11, 2001. He said he had not received any complaints from football players or other students regarding the signs.

One of the signs that was banned from the football field was a "run-through" banner displayed before a game on Sept. 18. It read: "I press on toward the goal to win the prize for which God has called in me Christ Jesus."
Hundreds of people rallied at the high school on Tuesday to support the cheerleaders, who were told last week that they could no longer display the religious-themed signs during Friday night games.
One of those supporters said the decision to ban the signs infringed on the students' freedom of speech.
"Our Constitution does guarantee that our federal government will not establish a religion," youth pastor Jeremy Jones told the Chattanooga Times Free Press. "It will also make sure that we are allowed to exercise it without interference from the government. That is what we need to fight for, folks."
Jones, one of the rally's organizers, said Catoosa County Schools Superintendent Denia Reese violated the students' right to freedom of religion when she ruled last week, following a complaint to the district, that the banners could no longer be shown, since they violated federal law by promoting religion at a school function.
Reese, who could not be reached for comment on Wednesday, ignited the controversy three days later when she released a statement regarding the banners.
"Personally, I appreciate this expression of their Christian values," Reese said in a statement. "However, as superintendent I have the responsibility of protecting the school district from legal action by groups who do not support their beliefs."
Reese's statement also noted that the U.S. Supreme Court and Court of Appeals have ruled that religious activities at high school football games create the "inescapable conclusion" that the school endorses such activity. Violations can lead to costly lawsuits or the potential loss of federal funding, she said.
"I regret that the cheerleaders can not display their signs in the football stadium without violating the first amendment," Reese's statement continued. "I rely on reading the Bible daily, and I would never deny our students the opportunity to express their religious beliefs."
Taylor Quinn, a cheerleader at the school, said she understood Reese's decision but was "angry" about it nonetheless.
"I'm sad and angry about it, because we're silenced for what we believe in," she told the Chattanooga Times Free Press. "It was heartbreaking to know that our school system is just conforming to the nonbelievers and letting them have their way when there's so many more people wanting the signs.
"Our freedom of speech and freedom of religion is being taken away."
Fort Oglethorpe Mayor Ronnie Cobb reportedly disagrees with the ban and will call on City Council officials to support the cheerleaders' right to display the signs.
Meanwhile, Ransom said he expects a fiery crowd Friday night when the Lakeview-Fort Oglethorpe Warriors meet the Ridgeland Panthers.
"That's our big rival," he said. "So on top of everything else, it's going to be a big game no matter what."