Firearms And Liberty - Shade's Landing Inc. Carry Permit MN

Where Conservatives Gather

Freedom OF Religion

NOT Freedom FROM Religion

There are some who have wrongly argued that any display of religion in a public space is prohibited by the establishment clause of the 1st Amendment. This is simply not true and their argument is wrong.

It factually wrong and wrong based on legal precedent such as the U.S. Supreme Court’s decision in Tinker v. Des Moines Indep. Community Sch. Dist., 393 U.S. 503, 506 (1969) which clearly stated: “students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,"

There is a great distinction to be made between government sponsored religious speech and private expression of religion. And the courts have long recognized that fact.

Even the Department of Education states:
Students may pray when not engaged in school activities or instruction, subject to the same rules designed to prevent material disruption of the educational program that are applied to other privately initiated expressive activities. Among other things, students may read their Bibles or other scriptures, say grace before meals, and pray or study religious materials with fellow students during recess, the lunch hour, or other noninstructional time to the same extent that they may engage in nonreligious activities. While school authorities may impose rules of order and pedagogical restrictions on student activities, they may not discriminate against student prayer or religious speech in applying such rules and restrictions.”

In a recent discussion with a local attorney, this author was told point blank that my private expression of religion in a public space would be “illegal” since he and others would have to listen to it. Bullshit.

If that were true then we could make a case against the wearing of the hajib by Muslim women in public. It’s a religious symbol, an expression of their Muslim faith. Or we could say Jews cannot wear their yarmulke in public for that too is a religious expression of faith as is the Christian who wears a necklace with the Christian cross on it. My attorney friend’s wrongful interpretation of the establishment clause as you can see would be problematic if implementation of such would ever be attempted.

On the contrary, the U.S. Supreme Court has clearly said that privately initiated expressions of faith IN PUBLIC SPACES must be treated by the government in a NEUTRAL manner. Their actions cannot be seen as a government sanction or approval of such expression.

In fact he Department of Education states:
“Although the Constitution forbids public school officials from directing or favoring prayer, students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate," [ 9 ] and the Supreme Court has made clear that "private religious speech, far from being a First Amendment orphan, is as fully protected under the Free Speech Clause as secular private expression." [ 10 ] Moreover, not all religious speech that takes place in the public schools or at school-sponsored events is governmental speech. [ 11 ] For example, "nothing in the Constitution ... prohibits any public school student from voluntarily praying at any time before, during, or after the school day," [ 12 ]”
(Source: http://www2.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html#return9 )

In another recent case, Christian ministers have been awarded over $100,000 in legal fees and costs for being wrongly arrested and charged with disorderly conduct while preaching their faith. Granted they did so at a Muslim festival, but government on the one hand cannot endorse one religion over another. The Christian ministers had a 1st Amendment right to preach in a public space as much as the Muslims did. Source: http://www.teapartycrusaders.com/u-s-politics/christians-win-big-lawsuit-muslim-thugs-dearborn-michigan/ )

Feel free to express your religion and your love of Jesus Christ and God almighty. The U.S. Supreme Court and other district court cases are on our side.

Written by Shade

Wednesday 05 August 2015 at 07:41 am

Comments are not enabled