Censored in Oroville: High school, judge err in silencing valedictorian [Free Republic]

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Censored in Oroville: High school, judge err in silencing valedictorian

Sacramento Bee
June 15, 1999 unsigned editorial

In silencing senior Jason Niemeyer's valedictory address, Oroville High School has for the second year in a row trod clumsily on a student's free-speech rights. A federal judge has compounded the error by upholding the school's action.

Jason, like his elder brother Chris a year earlier, had wanted to cite his personal relationship with Jesus Christ during his graduation ceremony. In a draft of the speech, he urged his classmates to take with them on their uncertain post-graduation path the guidance of "a friend who has personally helped me to achieve my goals, and I give Him the praise and glory for that... I encourage every person here to take advantage of the beneficial personal relationship that is offered to everyone." But the attorney for Oroville Union High School District declared Jason's attempt to "ask the audience to accept Jesus Christ as their friend ... unconstitutional at the podium."

U.S. District Court Judge Lawrence Karlton agreed. But Karlton had to make a few leaps in logic to get there. Karlton concluded that Oroville High's "graduation ceremony is part of the school's curriculum," and therefore carried the "imprimatur of the school." Citing a 1988 Supreme Court decision, he wrote, the valedictory speech was therefore subject to review and revision by the school.

Since when are the words of graduation speakers automatically assumed to be teachings of the school? And if it feared some listeners would be inclined to interpret them as such, the school could easily have informed them, either in a printed program or verbally at the podium, that a speaker's views do not necessarily reflect the school's.

With all the attorneys involved here, surely somebody could have come up with some suitable disclaimer language.

Of course there are instances when public schools must draw hard lines in separating church from state. When coaches pray with athletes at game time, or when teachers espouse their religious beliefs in the classroom, students may well perceive that the school is improperly endorsing a particular creed, and pressuring them to follow it. But Jason's case is different; he would have been speaking, like all valedictorians, his own mind. Having posted the highest grade-point average in his class, he had earned the right -- even if that right was used to express a certain insensitivity toward the divergent beliefs of his peers.

Valedictory speeches are often exercises in exhortation. Whether Jason was urging his classmates to follow his example by eating Wheaties for breakfast, or taking up golf, that ought to have been his prerogative. His classmates would have every right to disagree; the speech might have sparked some more lively debate.

Jason's lawyer, Steven Burlingham, plans to appeal. "We'll take this case as far as we can go," he said. "We think it's significant in terms of student speech rights." Yes, it is.

To: Cincinatus
I found this anecdote on another thread:

'What I saw at the Revolution'
March 1991 Peggy Noonan

It is late in the second Reagan administration, and Gary Bauer, conservative activist and domestic policy aide to the president, is raring to go. It is Monday in the Cabinet Room, and the president is meeting with top staff for the weekly issues lunch, at which important questions and events of the previous and coming weeks will be discussed.

The preceeeding Friday at 2:00PM each aide had submitted, according to form, a one page preview of the issue he wished to discuss. These were reviewed by an aide to the chief of staff, who put them in a blue binder, which was forwarded to the president for weekend review. Sometimes an aide would be asked to rewrite his submission-'I really think it would be better for you Joe, if you remove that one sentence, because Bob might really take offense.' Sometimes a submission wasn't included. Sometimes you weren't told why.

In this meeting Gary Bauer wanted to discuss a topic he thought might not be too popular with his colleagues. In order not to raise alarms he refrained from asking in his submission for any presidential action('please meet with,''please send letter to'). Recently he had taken to writing out his discussion point on an issue he thought would be accepted. Then, when called on, he would ease his way into talking about the unscheduled topic he really wanted to discuss.

Today, when called upon to discuss this issue(once he had been fourth or fifth in line, but now it was known he was not always predictable he was next to last; they often didn't get to him) he burrowed in.

A child in a public school down South had been chosen as valedictorian of her class and wished, at graduation, to do a speech on the importance of God in her life. School authorities, perceiving in this a breach of the separation of church and state, said no.

'Mr President, this is exactly the the sort of issue we should be discussing...the right of a child in our public schools to make a simple reference to her faith and to the Lord.'

As Bauer spoke, he became aware of a silence. He looked around the table. His colleagues were embarrassed for him. Here they were assembled in the White House, ready to talk about serious things like the Soviets, and here's poor Gary telling him about some little kid in East Jesus.

They started to look at each other and laugh. The tittering spread. The president looked at them. They quieted....

'Mr President,' said Bauer, 'there's something terribly wrong when an American child is silenced for trying to say what the president says in speeches every day.'

Reagan was not bored; he was listening closely. 'I want to do something about this,' he said. 'Is there anything I can do?'

'Of course.'

'Gee, I'd like to help her.'

'To meet with her would be fantastic. Or you could send her a letter.'

'Let's do that.'

The final letter said:

Dear Angela I read of the events surrounding your proposed commencement address with considerable interest. Like you, I have long believed in the paramount importance of faith in God. Angela, your actions on behalf of your religious convictions demonstrate not only the strength and passion of those convictions, but your admirable personal courage in facing those who have challenged you. I know that it is often difficult to stand up for one's beliefs when they are being harshly challenged. But as one who has seen many challenges over a long lifetime, I can assure you that personal faith and conviction are strengthened, not weakened, in adversity.

Nancy and I wish you well throughout your life. God bless you.

It was signed, 'Ronald Reagan.'
From: pCahill (p.cahill@gte.net)
14 06/15/1999 21:16:01 PDT

To: Cincinatus

Bump

17 Posted on 10/26/2001 08:55:43 PDT by Alas
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