Posted on 07/01/2004 4:39:45 PM PDT by churchillbuff
BM
Pennsylvania ‘hate speech’ code struck down by Federal Court
PHILADELPHIA, Pa. (EP)
In a unanimous decision in mid-February, a federal appeals court panel ruled that a Pennsylvania school district's anti-harassment policy was overly broad and violated the right of Christians to voice their religious beliefs about homosexuality.
The ruling from the U.S. Court of Appeals for the Third Circuit noted that there is no ''harassment exemption'' to the First Amendment's guarantee of freedom of speech. The decision is binding on federal judges in Delaware, New Jersey, Pennsylvania and the Virgin Islands.
Writing for the majority, Judge Samuel Alito, Jr. rejected the lower court's claim that ''harassment has never been considered to be protected activity under the First Amendment.'' He said this is clearly not true when the ''harassment'' involved consists solely of speech. His decision said the school district went too far in forbidding ''harassment'' based on everything from race and sexual orientation to ''other personal characteristics,'' a vague term that included clothing, appearance and social skills.
Alito acknowledged that a school may categorically ban ''lewd, vulgar or profane language'' and may also regulate speech to meet a ''legitimate pedagogical concern.'' Other speech, however, may be limited ''only if it would substantially disrupt school operations or interfere with the rights of others,'' he wrote.
Bryan Brown of the American Family Association's Center for Law and Policy, who represented plaintiff David Saxe, called the decision ''a tremendous blow against the political correctness movement.'' He added, ''This is a resounding bell of freedom ringing in Philadelphia reaffirming that, indeed, students do not leave their First Amendment rights at the schoolhouse gate.''
The case began in the fall of 1999 when Saxe, who teaches at Penn State University, joined two public school students in challenging a recently enacted ''hate speech'' rule. The code banned ''unwelcome verbal, written or physical conduct which offends, denigrates or belittles an individual.''
''What this policy was about is the content of somebody's speech,'' Saxe said. ''It chilled the First Amendment rights of every child in that school, every teacher, every visitor.''
The ruling is expected to affect similar policies across the land. Michael Levin, an attorney for the Pennsylvania school board, told the Philadelphia Inquirer, ''I don't know how many school districts have policies as broad as State College's, but it is probably a significant number.''
Brown said, ''There are a lot of them like State College, and a lot of them are going to fall. This sends a message to schools across the country that students, staff and teachers cannot be muzzled in their bid to share their Christian values. This is a breath of fresh air for Christians.''
Brown said he hopes the school district appeals the decision to the U.S. Supreme Court because of the important issues involved.
INTREP
Group Plans to Spy on Churches
Johnson County, KS - Pastors and priests in Johnson County might need to watch what they discuss in church. Starting next month, a group says it plans to send volunteers to area churches to see if they are participating in election year campaigning. The Internal Revenue Service forbids tax-exempt groups, such as churches, from participating in political campaigns for or against a candidate. The move came after Johnson County ministers attended a meeting earlier this month. They were urged to help oust Kansas lawmakers who voted against a state constitutional amendment banning gay marriage, which failed.
I'm not sure myself why we do. I'm polishing my pitchfork and keeping my torch at the ready. One of these days we'll all come to our senses and then we'll take back the streets.
If they're trying to get religion out of the government, then the government needs to get out of the churches.
One devious approach to this might be to send spies into black churches and listen in on the sermons regarding homosexuality. Then when it is denounced, prosecute the ministers very publicly for hate crimes. That would create an interesting spectacle.
Amen to that. Also, get the government out of schools.
I wonder what it will take before we get off our ar$e's and do just that, I'm with you...we need to take back America.
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