As we study free speech of religious students in public schools, real life imitates the classroom. Here is an excerpt:
"In Madison, Wisconsin, a Tomah High School senior (identified as A.P.) last Friday filed a federal lawsuit challenging a school policy that prohibits art class projects from depicting "violence, blood, sexual connotations, [or] religious beliefs." In an art class assignment involving drawing of a landscape, A.P. included a cross and the words "John 3:16 A sign of peace." Teacher Julie Millin, asked him to remove the Bible reference because other students were making remarks about it. When A.P. refused, she gave him a zero on the project, showing him the class policy. A.P. responded by tearing up the policy statement in front of the teacher. She ejected him from class and he later received two detentions for tearing up the policy. In a later incident, A.P.'s metals arts teacher rejected his idea to build a chain-mail cross because it was religious.
The complaint in A.P. v. Tomah Area School District, (WD WI, filed 3/28/2008), alleges that the school policy and its enforcement against A.P. violates A.P.'s First and 14th Amendment rights. It says that other artwork with religious themes are displayed throughout the school and argues that "per se censorship of religious speech in assignments does not represent a legitimate pedagogical interest." A release yesterday by the Alliance Defense Fund contains links to copies of A.P.' drawing and to drawings of demonic images created by other students in the class. Yesterday's Racine (WI) Journal Times reports on the case."
The complaint filed in the U.S. District Court for the Western District of Wisconsin in A.P. v. Tomah Area School District is available at www.telladf.org/UserDocs/APComplaint.pdf.
A copy of the drawing created by the student is available at www.telladf.org/UserDocs/APDrawing.pdf. Copies of artwork depicting demonic images created by other students in the class are available at www.telladf.org/UserDocs/DemonicDrawing1.pdf and www.telladf.org/UserDocs/DemonicDrawing2.pdf.
Here is the ADF Press Release announcing a favorable settlement in the case"
Wisconsin student wins settlement in “JOHN 3:16” drawing case
Freedom of religious expression no longer banned under school grading policy
Tuesday, May 20, 2008
MADISON, Wis. — A settlement reached between Alliance Defense Fund attorneys and the Tomah Area School District means the district will respect students’ constitutional right to religious expression in their artwork.
“Christian students shouldn’t be penalized for expressing their beliefs, so we’re pleased that this settlement will make sure that no longer happens,” said ADF Senior Legal Counsel David Cortman. “It was clearly unconstitutional for the school to enforce a policy in such a way as to bar religious expression by a Christian student while allowing other types of religious expression by other students. No school policy can require a student to surrender his First Amendment rights.”
On March 28, ADF attorneys filed a federal lawsuit after a teacher told a student at Tomah High School to either remove or cover up a Scripture reference depicted in a piece of artwork, citing a grading policy that banned depictions of “blood, violence, sexual connotations, [or] religious beliefs.” Students who portrayed demon-like creatures in their art, however, were not censored.
On April 15, ADF attorneys filed a motion for preliminary injunction against the district. The school district then decided to pursue settlement of the case.
Under the terms of the settlement, Tomah Area School District officials have removed the ban on religious expression in class assignments. The student’s artwork, which initially received a “zero,” has now been graded. Additionally, Tomah High School has removed from school records any and all references to the disciplinary actions taken against the student.
A copy of the stipulated dismissal filed in the U.S. District Court for the Western District of Wisconsin in A.P. v. Tomah Area School District is available here.
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