Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Third time in court for religious censorship suit (school bans Jesus pic)
The Citizen Copyright © 2007 ^ | Wednesday, January 31, 2007 9:40 AM EST

Posted on 01/31/2007 9:40:13 AM PST by Behind Liberal Lines

SYRACUSE - An upstate New York school district censored a kindergartner's poster because it contained a drawing of Jesus, a lawyer for the boy's family said as the case returned to federal court for the third time.

“The law is clear that schools may not discriminate against the religious viewpoints of students who address permissible subjects in response to class assignments,” Mathew Staver, a lawyer for Liberty Counsel, a Fla.-based civil libertarian education and legal defense organization, said Tuesday.

The case of Antonio Peck was sent back to U.S. District Judge Norman Mordue after the U.S. Supreme Court last April refused to hear it. The high court's action left in place a decision made in October 2005 by the 2nd U.S. Circuit Court of Appeals that the case should go to trial to determine if the poster was censored by the Baldwinsville Central School District because of its religious viewpoint.

The Peck family had sought a jury trial but Mordue last week rejected that request. On Monday, the judge heard testimony from the boy's mother, Joanne Peck, his former teacher, and his former principal.

Mordue gave lawyers 60 days to file any additional legal papers. Staver said a ruling was not likely until later in the year.

“We think we have shown that a secular picture would not have been covered up and this was censored only because of its religious nature,” Staver said. “And that is unlikely that anyone would have misconstrued the full display of Antonio's picture as the school district supporting the establishment of a religion.”

The lawsuit dates to June 1998, when Peck and his classmates at the Catherine McNamara Elementary School in Baldwinsville were given an assignment to create a poster about the environment.

Antonio, now 14 and in seventh grade, turned in a poster with religious images and written references to God and Jesus. School officials rejected it and allowed Antonio to submit a second poster.

The second poster was a crayon drawing of children picking up garbage, with a kneeling man in a flowing robe nearby reaching out his hands to the clouds above. There were no words identifying the figure as Jesus.

School officials displayed the poster, but it was folded in half so the picture of the robed man was not visible. Teacher Susan Weichert and Principal Robert Creme, who testified Monday, objected to the poster because they said it promoted one religion over another and could offend others.

The Pecks, who attend a Pentecostal church, sued in November 1999, accusing school officials of violating Antonio's First Amendment right to free speech. The family also said the suburban Syracuse school district violated federal guidelines regarding religious expression in public schools.

In dismissing the case the first time in 2000, Mordue said Weichert had good reasons for rejecting the poster: It didn't fulfill the assignment, it may not have been Antonio's work and it could have given other parents the impression the school district was teaching religion.

The appeals court overturned that ruling, saying the Pecks were entitled to investigate their claim in court through discovery, including depositions.

Mordue again dismissed the case in August 2004 after ruling the discovery process produced no new evidence that would cause him to rule differently.


TOPICS: Culture/Society; Front Page News; News/Current Events; US: New York
KEYWORDS: frankfurtschool; gramsci; judicialactivism; publikskoolz
Navigation: use the links below to view more comments.
first 1-2021-32 next last

1 posted on 01/31/2007 9:40:16 AM PST by Behind Liberal Lines
[ Post Reply | Private Reply | View Replies]

To: Behind Liberal Lines

This is critical for "ALL" religions in this country.


2 posted on 01/31/2007 9:42:59 AM PST by Sword_Svalbardt (Sword Svalbardt)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Behind Liberal Lines

Whoever would reject a little boy's poster needs a mortar fired at their home.

Sorry for the rudeness.


3 posted on 01/31/2007 9:44:30 AM PST by wastedyears ( "Gun control is hitting your target accurately." - Richard Marcinko)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Behind Liberal Lines

I'm surprised the Anti-Christian Lawyers Union has not come to the school's defense.


4 posted on 01/31/2007 9:45:26 AM PST by stm (Believe 1% of what you hear in the drive-by media and take half of that with a grain of salt)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Behind Liberal Lines

Well, Christ is SUPERIOR to the other "gods". I'm not ashamed of Him. If others want to display their gods, that's up to them or no god at all - I'm secure that I believe in the RIGHT ONE!


5 posted on 01/31/2007 9:46:04 AM PST by nmh (Intelligent people recognize Intelligent Design (God) .)
[ Post Reply | Private Reply | To 1 | View Replies]

To: wastedyears

"Sorry for the rudeness."

Apology accepted. /Nods head in agreement with original comment.


6 posted on 01/31/2007 9:46:23 AM PST by L98Fiero (A fool who'll waste his life, God rest his guts.)
[ Post Reply | Private Reply | To 3 | View Replies]

Comment #7 Removed by Moderator

To: wastedyears
Whoever would reject a little boy's poster needs a mortar fired at their home.
I was thinking the same thing, only bigger ...

8 posted on 01/31/2007 9:48:06 AM PST by oh8eleven (RVN '67-'68)
[ Post Reply | Private Reply | To 3 | View Replies]

To: stm
I'm surprised the Anti-Christian Lawyers Union has not come to the school's defense.

Ever been to that part of New York State in the middle of winter?

9 posted on 01/31/2007 9:52:54 AM PST by NativeNewYorker (Freepin' Jew Boy)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Behind Liberal Lines

Time to impeach Mordue for his obvious, blatant discrimination against Christians. We really need to clean up the Federal Judiciary and get rid of bigots like this one.


10 posted on 01/31/2007 9:53:24 AM PST by BMIC
[ Post Reply | Private Reply | To 1 | View Replies]

To: Behind Liberal Lines

Had it been a picture of Muhammad, you can bet it wouldn't have been censored 'for fear of offending muslims"

The following link does not relate to this thread http://sacredscoop.com


11 posted on 01/31/2007 9:54:10 AM PST by CottShop
[ Post Reply | Private Reply | To 1 | View Replies]

To: Behind Liberal Lines

If the poster said "Bush Sucks" the kid would have received an award.


12 posted on 01/31/2007 9:54:28 AM PST by Mad_Tom_Rackham (Well, it's 2007. Time to get ready for 2008.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: wastedyears

Mordue is a Clinton appointee. Wow. There's a shock. ;-)


13 posted on 01/31/2007 9:55:28 AM PST by Behind Liberal Lines
[ Post Reply | Private Reply | To 3 | View Replies]

To: Behind Liberal Lines

It blows my mind how ignorant of the constitution the educators in this country can be.


14 posted on 01/31/2007 9:57:27 AM PST by MEGoody (Ye shall know the truth, and the truth shall make you free.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Behind Liberal Lines
School officials displayed the poster, but it was folded in half so the picture of the robed man was not visible.

This is ridiculous beyond words. I wonder who the genius was who came up with this "solution".

15 posted on 01/31/2007 9:59:11 AM PST by murphE (These are days when the Christian is expected to praise every creed but his own. --G.K. Chesterton)
[ Post Reply | Private Reply | To 1 | View Replies]

To: wastedyears

Sorry, but I don't see where your comments were rude. Inaccurate? Yes. A single mortar round is almost sure to fail. One of these might do a more certain job: http://www.tonyrogers.com/weapons/crusader.htm


16 posted on 01/31/2007 10:03:49 AM PST by WorkingClassFilth ("I'll build the g--d---- fence if they want it." -- John McCain, A Modern Profile In Courage)
[ Post Reply | Private Reply | To 3 | View Replies]

To: oh8eleven

I was looking to see if that was an 8" or 175...that was a great piece and it's a shame they got rid of it.


17 posted on 01/31/2007 10:20:49 AM PST by MSF BU
[ Post Reply | Private Reply | To 8 | View Replies]

To: WorkingClassFilth

The eight inch gun pictured would do the job just fine.


18 posted on 01/31/2007 10:21:38 AM PST by MSF BU
[ Post Reply | Private Reply | To 16 | View Replies]

To: oh8eleven

M110A2, 8", SP ping!


19 posted on 01/31/2007 10:45:35 AM PST by skepsel
[ Post Reply | Private Reply | To 8 | View Replies]

To: Mad_Tom_Rackham

Well, this case dates from 1998. Now if the poster had said "Clinton Sucks", well who knows what would have happened to him....or his family......


20 posted on 01/31/2007 10:46:11 AM PST by Frank_2001
[ Post Reply | Private Reply | To 12 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-32 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson