Massachusetts High School Adopts Policy Allowing Distribution of Religious Literature

June 23, 2003

Mathew D. Staver

WESTFIELD, MASS - In response to a federal court order, Westfield High School has now adopted a policy which protects the distribution of religious literature. Earlier this year Judge Frank Freedman issued an injunction against the Westfield Public Schools, prohibiting the school from disciplining six students who distributed candy canes with a religious message to their fellow students. The students, all members of the L.I.F.E. Bible Club at Westfield High School, are represented by Mathew D. Staver, President and General Counsel of Liberty Counsel, and Erik W. Stanley, Litigation Counsel for Liberty Counsel.

In December of 2002, the student members of the Bible Club decided to pass out candy canes with an attached folded card which contained the story of the candy cane as well as Bible verses. The attached message mentioned the Bible Club meetings, contained a scripture verse, and told the story of a candy cane maker who wanted to invent a candy that was a witness to Christ. The distribution of the candy canes and the attached literature was to occur one day prior to the Christmas break on December 19, 2002. The principal refused the request, indicating that the Christian message contained in the literature may be "offensive" to other students. He then consulted with the superintendent, Thomas McDowell, and he too agreed that other students could be offended by the Christian message. He denied the request. Believing that God called them to share the Gospel message, these students distributed about 450 candy canes to their fellow classmates during non-class time. After the seven students returned from Christmas break on January 2, 2003, they were summoned to the principal's office and told that they would be suspended for distributing their literature.

On March 17, 2003, Judge Freedman issued a 67-page opinion declaring the school policy and practice unconstitutional. Following the decision, the school removed any disciplinary action from the students' files and recently adopted a new school policy which Liberty Counsel assisted in drafting. It is worth noting that when the state of Massachusetts filed its report in April to the U.S. Department of Education regarding state schools and their compliance with the Guidelines on Constitutionally Protected Prayer in Public Elementary and Secondary Schools, it noted that not all state schools were in compliance. One of these schools was obviously Westfield High School. Now that this new policy has been adopted, the school has come into compliance with the Guidelines.

Staver commented, "Our clients are pleased with the new policy. Each student placed their educational careers on the line and each stood firm in their faith and on the principles of freedom. Their bold stance resulted in restoring the right to distribute free religious literature to their peers. We need more young people like these six Christian students who are willing to stand up and make a difference in their communities."

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SUPREME COURT SAYS LIBRARIES CAN FILTER INTERNET PORNOGRAPHY

Today the U.S. Supreme Court issued a ruling which allows libraries to install internet filters that screen out pornography. This is welcome news. We have received calls at Liberty Counsel regarding situations where men have masturbated while viewing internet pornography in public libraries. These same people often leave the computer terminals with the pornography on the screen so that young children can see the images as they pass. Today's decision will now allow libraries to filter out these pornographic sites.

Mathew D. Staver, Esq.
Liberty Counsel
http://www.lc.org.

An Ally of the Alliance Defense Fund