SCOTUS Denies McComb’s Free Speech Rights

Posted by johnhouk on Nov 20, 2009
 John R. Houk
© November 20, 2009

At the High School graduation of 2006 in Nevada the Valedictorian Brittany McComb was prevented from completing her honors speech to her class because she was offering credit for her success to her Lord Jesus Christ. With the backing of the ACLU the High School officials believed a reference to her Christian faith violated the erroneous concept of Separation of Church and State. When it became evident that McComb was going to give the uncensored version of her speech, the School Officials merely pulled the plug on her mike.

When I first heard about this outrage I posted about the hypocrisy of the government (particularly of Leftists) because the so-called Separation of Church and State paradigm did not seem to apply to Islam as far as public funds and public support are concerned.

The young McComb decided to fight for her First Amendment rights to Free Speech. That journey ended when the Supreme Court refused to hear McComb’s case. This refusal neither validates nor invalidates the Nevada High School officials; however the Supreme Court’s refusal to hear McComb’s case effectually keeps the last Court’s ruling in effect. Thus the Supreme Court has afforded Leftists the glee of stomping on the Christian faith in its culture war on Christianity.

JRH 11/20/09
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U.S. Supreme Court Puts an End to High School Valedictorian's Fight to Defend Right to Speak Freely About Her Christian Beliefs at Graduation

Rutherford Institute
11/16/2009

"This is a sad day for the cause of freedom. When the Supreme Court cannot clear their calendar to hear a case of this magnitude, then our freedoms are in jeopardy. Such censorship and discrimination should not be permitted in America."-- John W. Whitehead, The Rutherford Institute

WASHINGTON, DC -- The United States Supreme Court has refused to hear the case of a high school valedictorian whose microphone was turned off by school officials after she began speaking about the part her Christian beliefs played in her success in life. Attorneys for The Rutherford Institute had asked the Court to hear the case of Brittany McComb, charging that school officials violated McComb's free speech rights and engaged in viewpoint discrimination when they censored her speech because of its Christian content. The Court issued the order denying the petition without additional explanation.

"This is a sad day for the cause of freedom," said John W. Whitehead, president of The Rutherford Institute. "When the Supreme Court cannot clear their calendar to hear a case of this magnitude, then our freedoms are in jeopardy. Such censorship and discrimination should not be permitted in America."

In the spring of 2006, Brittany McComb was one of three valedictorians chosen based on their grade-point averages to give a speech at Foothill High School's annual commencement ceremony. Each valedictorian was provided with "suggestions" for crafting their speeches. However, school officials neither encouraged nor forbade the students to include or exclude religious content from their speeches.

In her speech, Brittany reflected on past experiences and lessons learned at school and wrote about the emptiness she experienced from accomplishments, achievements and failures in her early high school years. She then mentioned the fulfillment and satisfaction she later came to experience in something greater than herself, namely, in God's love, and Christ. Upon receiving a copy of Brittany's draft speech, school administrators proceeded to censor her speech, deleting all three Bible references, several references to "the Lord" and the only mention of the word "Christ."

Believing that the district's censorship of her speech amounted to a violation of her right to free speech, on June 15, 2006, Brittany attempted to deliver the original version of her speech in which she talked about the role that her Christian beliefs played in her success. The moment Brittany began to speak the words, school officials cut off her microphone. Despite extensive jeers from the audience over the school officials' actions, McComb was not permitted to finish her valedictory speech.

With the assistance of The Rutherford Institute, Brittany McComb filed a First Amendment lawsuit against Foothill High School officials in July 2006. In June 2007, the U.S. District Court for Nevada rejected the school district's second attempt to have the case dismissed and affirmed that the lawsuit raises substantial claims of infringement of McComb's right of free speech. School officials subsequently appealed to the Court of Appeals, which dismissed the case, holding that McComb had no right to give her speech, which it deemed to be "proselytizing." Video footage of McComb's interrupted speech and The Rutherford Institute's Supreme Court petition are available here.
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Recent Rutherford Institute Email Sent on November 19, 2009 3:51:02 PM:

The battle for our freedoms is raging. Indeed, our very right to speak our minds and practice our beliefs hangs in the balance. And it will take the dedication of each and every one of us to pull through these trying times with our freedoms intact.

Won't you help us tip the scales for justice and freedom?

Click here to give an online donation today.

Ronald Reagan was right when he said that "If we lose freedom here, there's no place to escape to." If we lose freedom here in America, there really will be no place to escape to.

With every battle that we take on at The Rutherford Institute, we are making a stand for freedom. But we cannot do it alone.

Just this week, the Supreme Court refused to hear the case of a high school valedictorian whose microphone was turned off by school officials after she began speaking about the part her Christian beliefs played in her success in life.

Despite the Supreme Court's refusal to hear the McComb case, the battle is far from over. The Rutherford Institute continues to defend those whose freedoms are in jeopardy. In fact, we have two more cases on appeal before the United States Supreme Court. In the first, Nurre v. Whitehead, the courts have ruled that public school students cannot perform Christian music at a graduation ceremony, even without spoken words or printed lyrics. In the second, Busch v. Marple Newtown School District, the courts have affirmed that a Christian mother cannot read a passage from the Psalms to her child in kindergarten, while other parents are permitted to read whatever they choose.

It is my fervent hope that the United States Supreme Court will hear these cases. However, whether or not they choose to do so, the battle for religious freedom will not end there. It's going to take all of us sacrificing our time and money and making sure we're doing everything possible to protect and defend our God-given freedoms.

Please do whatever you can today to help us wage and win these critical battles and keep religious freedom alive in America. Click here to give an online donation.

Sincerely yours,

John W. Whitehead
President
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 SCOTUS Denies McComb’s Free Speech Rights
John R. Houk
© November 20, 2009
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The Rutherford Institute
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Charlottesville, VA 22906-7482
Phone: 434-978-3888
FAX: 434- 978-1789
http://www.rutherford.org

Under the regulations of the United States Internal Revenue Service, The Rutherford Institute is incorporated as a 501(c)(3) tax-exempt nonprofit organization. Donations to support The Rutherford Institute's legal and educational work help to safeguard the constitutional rights and religious freedoms of all Americans. Donations are tax-deductible. In compliance with general industry standards of a nonprofit organization, the Institute is audited annually by an independent accounting firm.

Founded in 1982 by constitutional attorney and author John W. Whitehead, The Rutherford Institute is a civil liberties organization that provides free legal services to people whose constitutional and human rights have been threatened or violated.

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