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Student's microphone cut after preaching Christianity in graduation speech
© 2006 Student Press Law Center
June 23, 2006
NEVADA
— A student had her microphone cut off during a speech to her graduating
class last week after administrators say she began
proselytizing.
Brittany
McComb, one of three valedictorians at Foothill High School in Henderson, was
delivering a speech she titled "Filling that Void" at the
school's graduation ceremony when school officials say she deviated from
the pre-approved
draft.
"In
accordance with our school district procedures, students invited to speak are
required to submit their speeches for prior approval," said Pat Nelson, a
spokeswoman for Clark County School District. "Divergence from the speech
will result in [the microphone] being cut off and that's exactly what
happened."
McComb could not be reached for comment. But she
told the
Las
Vegas Review-Journal that she felt the district violated her First
Amendment right to free speech.
"People aren't stupid and
they know we have freedom of speech and the district wasn't advocating my
ideas," McComb told the
Review-Journal. "Those are my
opinions. It's what I believe."
The speech, as submitted
to the district, included numerous references to God and directly quoted
scripture on two occasions.
"And I can guarantee 100 percent,
no doubt in my mind, that if you choose to fill yourself with God's love
rather than the things society tells us will satisfy us, you will find success,
you will find your self worth," McComb wrote in a segment of her submitted
speech that was deemed to be proselytizing.
Bill Hoffman, the
district's general counsel, said he personally reviewed McComb's
submitted speech. He said the district did not take issue with references to
God, and in fact allowed references that described the significance of God to
McComb's life.
The problem, Hoffman said, was when McComb began
quoting verses from the Bible and going into specifics about her Christian
faith.
"It only became a problem when that language was
proselytizing, quoting passages and being more aggressive in an apparent attempt
to convert others to her religion," Hoffman said.
Hoffman said
the district is required to restrict student speech that may violate the
Establishment Clause of the First Amendment.
"The district
uses taxpayer money to produce the graduation ceremony," Hoffman said.
"It invites the diverse public to attend the ceremony and when it does so
it assumes a responsibility to ensure that the religious views of student
speakers are not imposed on the audience."
He cited the 9th
U.S. Circuit Court of Appeals' 2003 ruling in
Lassonde v. Pleasanton Unified School
District, a case similar to McComb's situation, where segments of a
California student's graduation speech were considered proselytizing and
censored.
In Lassonde, the
court ruled that, since student are coerced to attend graduation ceremonies, the
audience at such events is captive. Thus, allowing preaching in graduation
speeches violates the Establishment Clause of the First Amendment by forcing
even dissenting members of the audience to be at the receiving end of the
proselytization.
"There is no room ... for a public school to
disclaim sectarian, proselytizing religious speech at a graduation
ceremony," the decision concluded.
After McComb's
microphone was turned off, the crowd reportedly booed in protest. McComb told
Jay Sekulow, chief counsel of the American Center for Law and Justice, on his
radio program that she was not surprised with the school's decision, but
had hoped they would let her finish her speech.
"I was hoping
they were going to turn it back on," she told Sekulow. "... But God
had bigger plans."
by A.J.
Bauer, SPLC staff writer
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