The 3 - December 3, 2017

This week on The 3, there are three legal cases worth noting:  one involves restrictions of free speech by pro-lifers on an Ohio campus.  Another deals with ads proclaiming the true meaning of Christmas that a religious group wanted to place on public transportation in the nation's capital.  And, there's a legal victory in a case involving a Pennsylvania high school senior who was not allowed to include a prayer in a graduation speech.

3 - Miami (OH) campus officials nix pro-life display, organization files suit

A pro-life display that had been erected at Miami University's Hamilton campus in Ohio faced new restrictions this year, and the group responsible for the display has filed a lawsuit, according to the 
Alliance Defending Freedom website.

Students for Life at the campus, according to the site, "has regularly conducted its Cemetery of the Innocents display on the campus’s Central Quad. The display features small crosses placed in the ground to commemorate the lives lost to abortion, along with an explanatory sign." Earlier this year, the chapter president sent an e-mail to request permission for the display. ADF states:

The official responded by saying that the group could conduct the display only if it placed signs around campus warning people about its content. She justified this warning sign requirement by saying she feared that the pro-life display might cause “emotional trauma” for those who might view it and because she wanted to help them “better protect and manage their emotional reactions to the display.” Additionally, she offered to meet with the group to discuss “less harmful” ways of expressing its pro-life views.

ADF has now filed a lawsuit against the school on behalf of the Students for Life group. The ADF site says, "The lawsuit challenges the university’s policies that give officials broad powers to determine whether an exhibit can occur and what it can say—powers that officials used in Hamilton to impose a 'trigger warning' on the local Students for Life chapter."

The national Students for Life President Kristan Hawkins, is quoted as saying, “The unnecessary obstacles students experienced at Miami University of Ohio in Hamilton sadly is all too common on campuses across the country,” adding, “Students peacefully trying to hold an exhibit that inspires conversation with fellow students about their love and concern for preborn infants and their mothers should be protected.”

2 - Christmas ads deemed too "religious" for DC busses

A Christmas ad proposed for public transportation in Washington, DC, was described at ToddStarnes.com in this way:

The advertisement depicted silhouettes of three shepherds walking at night with tall canes and sheep beneath a shining North Star. Emblazoned across the ad is the phrase: “FIND THE PERFECT GIFT.”

The Washington Metropolitan Area Transit Authority rejected the ad, and the group that wished to place it, the Archdiocese of Washington has filed suit, saying that the authority "violated the U.S. Constitution by rejecting the ad."

In a statement, spokesman Ed McFadden said: “To borrow a phrase from a favorite Christmas story, under WMATA’s guidelines, if the ads are about packages, boxes or bags…if Christmas comes from a store…then it seems WMATA approves,” adding, “But if Christmas means a little bit more, WMATA plays Grinch.”

The Transit Authority banned the ads based on a 2015 policy which prohibits, "issue-oriented advertising, including political, religious and advocacy advertising."

The story says that, "The transit authority might have reconsidered its ban on the Catholic Church’s advertisement had they been selling goods and services, the lawsuit alleges."

In a statement, general counsel Kim Fiorentino said: “We believe rejection of this ad to be a clear violation of fundamental free speech and a limitation on the exercise of our faith..."

1 - School district changes policy after blocking graduation prayer

In June, I reported to you about a high school senior in Pennsylvania who was told she could not include a prayer in her scheduled speech for graduation.

The First Liberty website tells the story about Moriah Bridges of Beaver, PA, who "prepared her remarks, but was then forced to 'edit' her comments, removing any faith-based content after receiving an email from the school superintendent explaining that her remarks could not be religious and, 'most certainly may not recite a prayer that excludes other religions.'”

First Liberty sent a letter to the school district in June.  The website quotes from the letter:

First Liberty’s letter stated, “In short, school officials—in violation of the First Amendment—forced Moriah to censor her personal remarks during the closing exercise of her commencement ceremony merely because of the religious viewpoint of her remarks.”First Liberty attorney Jeremy Dys pointed out that Moriah’s words were her own “private speech, not government speech,” and as such, could not violate the Establishment Clause. Instead, private, religious student speech like Moriah’s “is entitled to full First Amendment protection.”

The website announced a victory in the case: the school district "has enacted a new policy explicitly stating the expressions of students and/or other private speakers at future graduation ceremonies 'shall not be restricted because of religious, anti-religious, or non-religious content.'" The website also states that:

In addition to the new policy, the superintendent of BASD apologized to Moriah for the lack of clarity under the previous policy. The action by the BASD comes soon after a meeting between Moriah, members of the BASD, and First Liberty Institute attorneys.