ACLU-Nebraska: Because Freedom Can't Protect Itself

FOR IMMEDIATE RELEASE

October 3, 2011

CONTACT:  Amy Miller, (402) 476-8091, This e-mail address is being protected from spambots. You need JavaScript enabled to view it

ACLU Legal Director: Schools Cannot Interfere with Student Religious Expression

Fremont Public Schools Potentially Violated Student’s Religious Rights

LINCOLN - Recent news reports regarding Fremont Public School’s limitation on students wearing a rosary raise serious concerns about children’s religious liberty. ACLU Nebraska strongly opposes this policy on the grounds it violates the First Amendment’s guarantee to practice religion freely.

Amy Miller, ACLU Nebraska Legal Director, said "Students have the right to express their faith in public schools. Whether a student wants to wear a crucifix, a rosary, or another symbol, it is wrong for school officials to interfere. We understand the serious concerns about gangs in schools, but Fremont Public School should demonstrate there is a concrete gang connection before shutting down a student’s free speech and religious rights. ACLU Nebraska has and will continue to support the constitutional rights of religious people.”

A publication on Student’s Rights is available for download from the ACLU Nebraska website. Each year, ACLU Nebraska provides thousands of students with information on their rights through classroom and community presentations. http://www.aclunebraska.org/index.php/student-rights

Parents or students who feel their religious or free speech rights have been violated are encouraged to contact ACLU Nebraska online at www.aclunebraska.org.

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ABOUT: ACLU Nebraska and its diverse membership works in courts, the legislature and our communities to defend and preserve the individual rights and liberties that the Constitution and laws of the United States and Nebraska guarantee everyone in this state.

ACLU Nebraska had complaints from all across the state for several years about guest speakers invited into public schools for a chance to deliver religious messages to a captive audience of children. “With each of these complaints, we’d be hearing about the problem after the fact,” explained ACLU Nebraska Legal Director Amy Miller. “So we were reacting after the damage had been done, which was frustrating for parents who were afraid to speak out and risk alienation in their communities.”

That’s when the ACLU decided to try a more novel approach: we wrote a letter to every single Superintendent in Nebraska, warning them that guest speakers are obliged to obey the First Amendment. “We’ve asked school administrators to do homework before putting someone in front of the students,” said Miller. “The clear and stated mission of some of these entities is to convert children to Christianity. If a school knows that, then the school is participating in illegal endorsement of one religious viewpoint.”

The ACLU letters singled out two particular home grown proselytizing speakers: Ron Brown and Keith Becker. Brown, a Husker coach, has long been speaking in public schools, and the ACLU has had complaints about his misconduct for over a decade. “Reports indicate his presentations rail against homosexuality, urge children to pray and read the Bible, and explicitly exhort belief in his personal version of Christianity.” Becker is a newer speaker on the school scene who uses Biblical verses and imagery to encourage children to “take the narrow path.” Becker’s religious-laden presentations all conclude with an “altar call,” where he invites the students to come down to him on the stage if they agree to live by his precepts. “This leaves dissenting students alone on the bleachers with a spotlight on them,” pointed out Miller. “That sort of peer pressure is the exact reason the US Supreme Court has forbidden religious exercises in the school.”

This proactive approach had two purposes: first, to alert unwary administrators to the true goal of these presenters and second, to put all administrators on notice about their obligation to do some research before giving an outside speaker access to the students. “We continue to stand available for any parent who wants to complain to us,” said Miller, “but since we fear it may be too unpopular for a family to come forward, we wanted to try to stop this problem without needing a lawsuit.”

We put the final touch on our effort to educate the educators by presenting a live seminar with questions and answers at the Nebraska Council of School Administrators in November. Here’s hoping this is one lesson that’s been fully learned.

 

ACLU Nebraska today issued a statement to every public school Superintendent in Nebraska, warning of potential First Amendment violations.

The letter describes how ACLU Nebraska has had repeated complaints from across the state about outside speakers being invited into the school to present on a topic such as rejecting drugs and alcohol.  “Instead of giving a presentation on an important subject like drunk driving, though, the speakers end up exhorting the children to become Christians,” noted ACLU Nebraska Legal Director Amy Miller.  “Some complaints have described the revival show atmosphere that happens in the school gym, complete with music and the speaker asking all the students who now will accept Jesus Christ’s narrow path to come down front with him.”

The letter singles out two Nebraska speakers for particular attention: Keith Becker and Ron Brown.  “Both men have made it perfectly clear: they intend to convert children to their own religious beliefs while the students are in school away from their parents’ guidance.  Neither of these men can be safely invited to a public school without the school broadcasting their deliberate intention to violate the religious rights of families,” said Miller.  “But we’re also encouraging schools to do research before inviting any outside speaker, because Becker and Brown aren’t the only problematic ones.  They are just the homegrown examples that have crossed the line repeatedly.”

ACLU Nebraska has asked any parent or student to contact their office if an outside speaker or event tries to promote religion during a school event.  “We will very seriously review any complaints in order to decide whether a lawsuit is necessary,” explained Miller.  “But we prefer for it never to get to that point.  Instead of evaluating a complaint after some child has been subjected to religious endorsement, though, we hope the Superintendents statewide will now be alert to this problem before it arises.”

 

In the summer of 2007, ACLU received a complaint that employees at the Bridgeport public housing unit engaged in proselytizing to the elderly and low income people living there.  They attempted to lead residents in prayer and even made disapproving comments about "non Christian" decorations in one resident's apartment.  After ACLU intervention, the Housing Authority apologized and agreed to retrain employees about appropriate conduct.