Monday, February 19, 2024

Recent Nebraska Case Concerning Student Free Speech and Free Exercise in Public School

 This is a real case handled by a former student of mine that arose in 2023, but I share it here as a hypothetical.

Somewhere in the heart of Nebraska, there is a public middle school with a very ignorant and mean-spirited principal. The principal threatened to suspend a seventh grade student for 19 days (19 days is the longest suspension allowed without a full expulsion) for handing a tract on "the life and teachings of Jesus" during non-instructional time to willing classmates. The principal said that it was a violation of church and state and a violation of federal law! Lol. Nothing is further from the truth. The truth is that this kind of censorship violates both the Free Speech Clause and the Free Exercise Clause. The principal is targeting religious speech for censorship and essentially incompetently practicing law without a license. 

But such is the world people of faith must contend with in America circa 2023.

Update: Once a lawyer wrote a letter demanding the school not violate the students First Amendment rights, the principal caved and the student is once again free to speak about his faith on campus. But again, this should never have happened.

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