A dilemma. I must be missing the logic here somewhere.
It appears that if freedom of speech wins, freedom of speech loses, much less giving freedom of religion more clout to be in public places.
http://www.cbsnews.com/news/texas-cheerleaders-take-bible-banner-fight-to-state-supreme-court/Atheist groups say a Texas high school
cheer team violated the separation of
church and state by using banners
inscribed with Bible scripture at its
games.
But the cheerleaders aren't giving up
without a fight, asking the state Supreme
Court to weigh in on a controversial two-
year-long battle, CBS News' Adriana Diaz
reports.
The team began printing scripture onto
its game banners in 2012, but the school
received a complaint, leading the
Freedom From Religion Foundation to
write a letter to the Kountze school
district.
"It's a religious proselytizing message,
and it's a school-sponsored message. It
violates the Establishment Clause," said
Elizabeth Cavel, a lawyer with the
foundation.
The school responded with a ban. Then,
members of the 2012 quad filed a lawsuit
against the district, saying their right to
free speech was being violated. They won
a temporary injunction in 2012, and a
2013 ruling said they could carry the
banners but never clarified if the
students' rights to free speech were being
violated.
While the students can carry the banners,
school officials have the right to censor
them.
On Wednesday, current and former
members of the squad filed a petition
with the Texas state Supreme Court,
asking that it recognize the girls' speech
as private, making any ban a violation of
the First Amendment.
If the courts rule in their favor, it would
make it difficult for groups like the
Freedom From Religion Foundation to
sue in the future.
The squad insists this is about free
speech, not freedom of religion.
"If it was a group that was wanting to
post not scriptures, but maybe phrases
from a different religion they should also
be allowed to have their speech," said
team cheerleader Ashton Lawrence.
The school district did not provide a
comment.
The Freedom From Religion Foundation
said it has no plans to retreat.
"Nothing has changed," Cavel said. "These
banners continue to be school-sponsored
speech, and they continue to violate the
Establishment Clause, so depending on
the outcome of this litigation, we'd
certainly be prepared to sue."
But for now, come football season, the
Kountze cheerleaders plan to cheer on
with enthusiasm and scripture.