Friday, October 19, 2012
Texas AG intervenes in cheerleader banner dispute
Texas Attorney General Greg Abbott said Wednesday he will defend high school cheerleaders who want to use Bible verses on banners at football games.
Abbott has filed court papers to intervene in a lawsuit that cheerleaders at Kountze High School filed against the school district complaining that a new policy violated their freedom of speech. In September, district officials told the cheerleaders to stop using Bible verses at football games after the Freedom From Religion Foundation complained.
The atheist group argued that using banners with phrases such as, "I can do all things through Christ that strengthens me," violates the First Amendment prohibition on the government establishing a religion.
After the school told the cheerleaders they could no longer use Bible verses, they filed suit in Hardin County district court. State District Judge Steve Thomas put a hold on the new school policy while he considered the arguments, and the cheerleaders continued to make the banners. He is expected to rule Thursday.
Abbott said that since the cheerleaders create the banners without school funding, they qualify as free speech and should not be banned.
"This is student-led expression, and that's perfectly constitutional," Abbott said.
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15 comments:
What goes on under school auspices should be subject to school regulations. If those allow such banners, okay, if not, the students should desist. Students are in an institution, not in the public square.
So, you're saying that inmates in prison can (and do) have Constitutional rights, but not students? There is no such thing as a "Constitution-free zone" in this country. Well, not yet anyway.
Someday, someone with balls is going to stand up and demand that atheists and other leftists prove how, where, and when, the govt. has ever established a religion.
In fact, the atheists' action is what is unconstitutional in this case. The First Amendment explicitly protects the "free exercise" of religion. Attempting to have the government prevent the free exercise of religion by these students is precisely violation of rights the First Amendment is intended to prevent.
Funny how you can install foot washing basins but you can't do anything else. You can move football games and practice to accomodate during Rhamadhan, but...
If they were to use quotes by the Whiner Blie Wiesel on their banners, there would be no complaint whatsoever.
For those who have forgotten, I shall remind you of what the First Amendment actually says:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." (emphasis added)
How does a cheerleader team become "Congress", and their decisions "law"?
Anon 2:31 AM
Except that for such a ban to be constitutional it would have to be content neutral. They would specifically have to ban all banners. But according to the story as I have seen it elsewhere, the only reason that the cheerleaders in this case where ordered to desist with their banners is because of the religious content.
Anon 2:31 AM
Except that for such a ban to be constitutional it would have to be content neutral. They would specifically have to ban all banners. But according to the story as I have seen it elsewhere, the only reason that the cheerleaders in this case where ordered to desist with their banners is because of the religious content.
"This is student-led expression, and that's perfectly constitutional," Abbott said.
Yup, that's it in a nutshell.
The judge in the case has granted a preliminary injunction in favor of the cheerleaders. They will be able to continue with their banners as is until the case is fully decided.
AMERICA = FUBAR
Anon 2:31 Students to not lose their first amendment rights when they enter the school grounds. Besides the constitution clearly says the CONGRESS shall make no laws...
Where is congress making a law? This is simply students practicing their first amendment rights.
And while we are at it maybe you people should consider reading the ENTIRE first amendment, there is a part you keep forgetting about...
"...and the free expression there of!"
Plus it is the freedom OF religion not the freedom FROM religion!
Well, 2:31 was referring to a school as an institution that has its own rules and where members (students) agree to abide by them even if they limit freedoms otherwise enjoyed outside the institution. But then maybe some legal ruling has indeed decided that such students "can have their cake and eat it too".
Nowhere in the U.S. SONSTITUTION is there anything about the separation of CHURCH & STATE is just prophibits having a estabished relegion
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