This is one of those columns that comes about because I happen across a curious trend:  two court cases, one settled and one pending, show that the tidal wave of political correctness that has been sweeping our nation may finally have crested.  The settled case concerned a high school class valedictorian's attempt to put a Bible quote the section in her yearbook where she was asked to pass on some "wisdom" to the students coming after her.  School officials deleted the Bible quote from the yearbooks before they went to press because of its “religious nature.”  The pending case involves a 15-year old student's poem, later read by another student, which led to his conviction of the crime of making a “criminal threat” that conveyed an “immediate prospect of execution” and expulsion from school.  According to none other than the American Civil Liberties Union (ACLU), both cases are infringements on freedom of speech.  I found the ACLU's willingness to defend a Bible quote and the students' rights to free speech both surprising and refreshing.  

If you have a strong opinion either way, send me an email: (russ@russmaney.com).

As published in Snitch on June 2, 2004:

Important First Amendment cases for school children before court

Congress shall make no law … abridging the freedom of speech”

Two court cases, recently reported by The Associated Press, show this cornerstone in the seawall of our freedoms might finally be halting the tidal wave of political correctness that has been sweeping the nation.

The first case was just settled in Sterling Heights, Mich.  Abby Moler, class valedictorian of Stevenson High School, was asked to pass on some of her “wisdom” to her fellow students, via quotes in the 2001 yearbook.  However, instead of the standard goofy remarks like those so often found in other high school yearbooks — “I leave my great locker location in the front hallway to my little sister Sally” — Ms. Moler decided to pass on what was, in her opinion, some real wisdom.  She chose Jeremiah 29:11:  “‘For I know the plans I have for you,’ declares the Lord, ‘plans to prosper you and not to harm you, plans to give you hope and a future.’”

School officials deleted the Bible quote from the yearbooks before they went to press because of its “religious nature.”  Meanwhile, in San Jose, Calif., a 15-year old student at Santa Teresa High School, identified as George T. in court records, wrote a poem that was later read by a girl in his English class.  It included these lines:  “For I can be the next kid to bring guns to kill students at school,” and, “For I am Dark, Destructive & Dangerous.”

The girl, who was frightened by the poem, told a teacher about it.  The teacher then called the police.  George T. was arrested, convicted of making a “criminal threat” that conveyed an “immediate prospect of execution,” expelled from school and sentenced to 100 days in juvenile hall.

These cases, while different, are both examples of ever-growing attacks on the First Amendment, albeit from different quarters.  In Abby’s Bible quote, it was attacked through an overzealous interpretation of the “establishment of religion” clause within that same amendment.  George’s poem was attacked via an acknowledged limitation of that amendment regarding “threatening” speech.  According to none other than the American Civil Liberties Union (ACLU), both cases are infringements on freedom of speech.

It’s not often you find the ACLU fighting to put a Bible verse back into anything having to do with a school.  However, the Michigan chapter just announced an out-of-court settlement with Abby’s school district. School officials agreed to issue a written apology to Ms. Moler, place a sticker with her original entry in copies of the yearbook on file at the school, order current yearbook staff not to censor other religious or political speech and train its staff on free speech and religious freedom issues.

Kary Moss, executive director of the ACLU of Michigan, was quoted as saying, “The Supreme Court has said there can be school oversight in official publications, but the schools still have to honor the constitutional rights of their students.” Well said.

It’s scary to think school officials believe they must automatically delete Bible verses in a school publication.  However, it’s comforting that even the ACLU saw this case as going too far.

As for George T., his case has made its way all the way to the California Supreme Court.  And, no doubt, this case is more complex and serious, in light of the 1999 shooting at Columbine High School and other student attacks since.  Obviously, the other student was right to point this poem out to her teacher, and the teacher was wise to take it seriously.  If George really feels like those verses he wrote, he needs to be closely watched and put into counseling, both for his safety and that of his fellow students.

But arrested? Expelled? Sentenced to 100 days’ time?  News reports quoted Ann Brick, an ACLU attorney, as saying, “At the heart of the case is the First Amendment right of any young person to explore the whole range of his emotions and experiences and write about disturbing subject matter without the fear that he will be punished, should his work be misinterpreted.” Indeed.

School is recessing for the summer.  And, while Abby’s Bible quote is back in its rightful place, the California Supreme Court is still pondering George T.’s conviction.

If his case also results in a victory for free speech, then both cases would make great civics class lessons with which to start classes next fall.

Meanwhile, during this Memorial Day week, it’s comforting to know that the freedoms for which our soldiers fought and died are still being defended today — by our school kids.