Below is a copy of the letter that the Freedom from Religion Foundation (FFRF) sent yesterday to the Superintendent of the Lebanon, Missouri School District, as well as to all members of the Lebanon School Board. The author, FFRF Staff Attorney Patrick Elliott, lays out on pages 2 and 3 the legal case (and the precedents) for Principal Lowery’s speech constituting a violation of the First Amendment.

Oh, and I’m delighted to be cited in a footnote with reference to Kim Light’s misguided accusation that I wrote my post using the resources and time that should be devoted to my day job. I bet Mr. Light is having second thoughts about that.

I am not a legal expert (I just report possible legal violations to those who are experts), but my guess is that the Lebanon School Board will cave on this issue, and perhaps even apologize for Principal Lowery’s speech. If they don’t, and given the presence of someone with standing (the “local complainant”) as a possible plaintiff, they’ll face expensive litigation, which they’ll lose, and then have to pay substantial court costs.  They should really consult their lawyers.

Oh, and all those people who wrote me about what the Constitution really says on the Principal’s speech: read the letter above and then lick your wounds.

I must add here that Hemant “The Friendly Atheist” Mehta now owes me drinks, unless he wants to contest the case law cited by Elliott.

Finally, I’d urge people who approve of interventions like the above to join the Freedom From Religion Foundation (full disclosure: I am on the honorary board), which is, to my mind, the most activist and effective secular organization in the U.S. You can join here, and it’s only a paltry $40 a year. For that you get—besides the satisfaction of knowing that your money actually works for secularism instead of enabling a bunch of keyboard warriors—an awesome and meaty monthly newspaper that details the organization’s activities, cases, and also gives a lot of amusing quotes from religious people, as well as a selection of the FFRFs own hate mail, which is far nastier than mine.

In the last day or so, I’ve been inundated with outraged mails and phone calls from people in Lebanon Missouri, upset because I criticized their high-school principal for preaching about God at the graduation ceremony. Their ire was fueled by some comments I made on the local radio station, as well as a piece in the conservative website The Blaze, and another in The Raw Story. Sadly, both of those stories couched this issue as religion versus atheism rather than as the church/state issue that it is. (The comments on the former story, however, are full of LOLz from goddies and ignoramuses, while those on the latter story are both more literate and more favorable to a separation of Church and State.)

In contrast, I’ve received only two favorable emails, both from people who were at the graduation ceremony and were equally outraged that they were captive to prayers. For those I am grateful.

From all of this, I’ve concluded a few things:

• Many citizens of Lebanon either don’t understand the First Amendment of the Constitution, the way it’s been interpreted by the courts, or they think that it  somehow guarantees their right to pray in public schools. They are wrong, as we’ll see in the next post on this issue, which will reproduce the letter that the Freedom from Religion Foundation wrote to the Lebanon School Board. The law is clear on this point: Principal Lowery violated the First Amendment. And that’s not just from the Constitution itself: it’s from how it’s been consistently interpreted by the courts. (BTW, Hemant Mehta, the Cowardly Atheist who Refuses to Bet, owes me a round of drinks.)

• Many citizens of Lebanon interpret this church/state issue as simply a case of religion versus atheism.

• Many citizens of Lebanon are simply rude, writing me unsolicited emails, or calling my office, to give me a piece of their mind. One (see below) even said that what I wanted was a good dose of Jesus.  How Christian of these folks! But what it shows is how touchy Americans are about this issue, and what a hard row we have to hoe in keeping up the wall of separation between church and state. No battle on this issue is too small.

At any rate, read and weep. I am leaving in names but omitting email addresses. This is only a sample of what I received.

*****

1. This phone message was left yesterday afternoon.

“This is Dr. Randy Dingham [name not clear] calling from Missouri. We support the Lebanon High School principal, and we ask Chicago elitists like yourself to leave us Missouri folks alone. If you have enough guts,you can call me back at [number redacted].  Get off our case; we still believe in God. We’re not intimidated by atheist professors who condemn free speech. Good day; GOD BLESS.”

I don’t condemn free speech; I condemn religious speech that is unconstitutionally forced upon a captive public-school audience. And Dr. Dingham, I don’t give a rat’s patootie about your opinion. Read the Constitution and its interpretation.

*****

2. An email from Jeff McGraw, whose ignorance of Constitutional law is breathtaking. What makes these people think that they have the proper interpretation of the First Amendment?

Dear Jerry Coyne,

You are incorrect to apply a violation of the First Amendment to Principal Kevin Lowery.

I would hope that you are a man of moral character, and would offer an apology to Principal Lowery.

The First Amendment to the US Constitution states:  “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

First of all, Principal Lowery is protected by this amendment to the free exercise of religion.  He is protected also in that he can present his speech unabridged.  That means he can say what he wishes.

You might say he represents the government, and therefore it is a violation.  That is also incorrect.  We are all individuals first, and he is not passing laws to affect your beliefs in any way. [JAC: This is not even wrong!]

I am certain you will agree after reading the Bill of Rights or the first ten Amendments, that they were established to protect the rights of the individual from government.

You also stated that “God” is not in the US Constitution.  Perhaps not, but neither is the “separation of Church and State.”

God, the Creator, morality, providence or whatever you choose to call Him has always been an integral part of the United States of America, ever since its founding.

[He then gives four quotes from “Founding fathers” espousing deism; they’re too long to append here.]

Sincerely,
Jeff McGraw
[email address redacted]

All I can say to this guy is: take it to court! McGraw will be eating his words when the Lebanon School Board caves on this issue, as I’m confident it will.

*****

3. From Shannon Brown:

I want to thank you for making Mr Lowery’s speech so publicized. I thought he done a remarkable job and it makes us Christians feel so much better to know even if its criticized by you, that we are still getting Gods word out there. So again thank you and remember God’s not dead!!

Shannon Brown
Graduate of Lebanon High School

Does Ms. Brown realize that maybe atheists, Hindus, Muslims, or Jews wouldn’t feel “so much better” about Lowery’s speech? Clearly her school has failed to teach civics properly (I won’t mention writing skills).

*****

I’d like to know where you see a 1st Amendment violation in his speech. The simple expression of one’s own religion or personal beliefs is in no way a violation. If he told/forced everyone in attendance to recite The Lord’s Prayer or some other religious/denominational recitation… then you might have a point. But, the mistake the “freedom from religion” crowd makes in the basic understanding of the Constitution is in thinking it mandated freedom FROM religion, when it did no such thing. It mandated the protection OF religion and religious expression as well as the absence thereof. It did not prohibit – nor mean to prohibit — the free expression of religion in public life.

5. And the prize for rambling defense of superstition goes to Colleen Punt. The email is too long to reproduce in its entirety, so I’ve given excerpts:

Jerry Allen Coyne:

I’d like to congratulate Principal Kevin Lowery of Lebanon High School for having the guts to stand up and do what is right….honor God at the graduation ceremony.  He is a man of courage and conviction, a man that stands tall in todays world.

Mr. Coyne as we remove God from all aspects of our lives the lower a nation sinks…it is God that kept the USA strong.  If ever we needed God it is NOW….we need Jesus He is our only hope.  As you remove God, satan steps in to fill in the gap…that is exactly what is happening today.  You don’t want God you will get the devil….thats who is ruling the roost today.  Are things moving along for the better under the devil?  Are our lives improving?  Is there more employment for the citizens?  I think not.

. . . Mr Coyne we have geoengineering of our weather…they say it is to stop global warming…which is the big lie…that way they can spray us like lab rats….they blatantly deny this is happening.  Their evil project is killing all life on planet earth…our oceans are dying and all life in it…90% of our oxygen comes from the ocean…our bees are dying, it has been said that the human race can’t survive more than 4 years with no bees….we won’t have any honey, or anything to eat.

Mr Coyne this is just a little bit of the evil that is being inflicted on us today, thanks to satan who rules today….I guess I should thank you and your kind for the devastation that is happening….when I listened to Principal Lowery speak I didn’t hear boos from the audience…I heard cheers….were you there sitting in the crowd?  Your agenda kills, it is destroying life on planet earth…if God bothers you so much get a pair of ear plugs…..stop taking our rights away from us…mind your own business….go sit with the god haters, call on your god the devil to come to your aid….I beg your pardon…you never have to call on the devil….he doesn’t need an invite….he’ll be their sitting on your shoulder whispering in your ear….Look around , take a look at what is happening to our world, our country…and how bad things are really getting….

. . . I would like to ask you…What gives you the right to take my right to believe in Him away?  What gives to the right to remove the only stabilizing force we have, our salvation, our anchor, our shield?  He came to give us His life He died a horrible painful death to forgive us, and most importantly to give us His life…..and you spit in His face…what a pathetic man you are….to be pitied….the bible tells us…the fool has said in his heart, there is no God….it also says every knee will bow and every tongue will confess, that Jesus Christ is Lord….either we will bow before Him now, or we will bow when we cross over….one way or another we will bow.  You can continue in your arrogant state….or you can come to your senses….your choice….your move….

. . . I know there is a God….I was wrapped in His presence for days…there is nothing that can compare…..we have an amazing God that loves us so much…His love is eternal…not like anything from this earth….a love that is Supernatural….there is nothing to big or to small for Him….He spoke and the world…the universe leapt into existence….He speaks and it happens….and you being the brilliant man you are want to deny His existence…….you are some smart cookie aren’t you?  Like the bible says…The fool has said in his heart…..there is no God….

So Mr. Coyne if your feeling a little bit proud for your stand to beat up on the Principal of Lebanon High, do what you can to destroy him….I want you to know you don’t have my support….I stand along side of Principal Kevin Lowery even though I have never met the man….there is a bond between Christians….we are brothers and sisters in our Lord…we have the same Father…We are family….you can never take that from us….we know where we will be for eternity……Do you know where you will be for eternity?  There was a video I watched some time back….a young woman that at the age of 15 had shot herself, she actually died and went to hell….she said she it was so hot, unbearably hot…..everyone was moaning, and saying why am I here….she said it felt like Sulfuric acid was being poured on her.  What I don’t understand is…..if this is true wouldn’t anyone with a lick of sense check it out?  instead of denying it has any credence…. [JAC: I’d like to see that video of the woman who went to Hell!]

Oh well I’ve said my piece…..I’m going to pray for you…you need Jesus, even though you think you don’t….He has already forgiven you….He did that at the cross….it doesn’t matter what you have done….His forgiveness is soooo big…..He loves you…if you were the only person on the face of the planet, He would have died just for you….He is waiting with His arms stretch out to you….all Jerry Coyne has to is acknowledge, accept what He did and who He is…call Him Lord and you will be His child…when we stand before Him we will be without excuse.  What will you say when your looking Him in the eye?

You have my email address if you want to defend yourself……now that I’ve got your blood boiling…..

Why on earth would I want to defend myself against a crazy, god-soaked missive that discredits itself? My blood, in fact, isn’t boiling at all. Rather, I’m shaking my head and feeling sorry for the rational people that live in the Crock Pot of God that is Lebanon, Missouri.

Finally, I should add that one Jon Colt (whom I believe is this man, and who wrote using his business email of copofoods.com) has written to the president and provost of my university, as well as my chairman, complaining that I’m bringing negative publicity to the university, and using his “tax dollars” to fund “phony outrage” and to “tear down other individuals or institutions” to make me feel better about myself. Colt apparently didn’t see my email to Kim Light saying that no University resources were used to do my posts, nor do I speak for my university (that’s point #1 in the Roolz).

The humorous thing is that this is a private university, so I’m not paid by Colt’s tax dollars. What’s even more hilarious is that Colt also sent the email to the president, provost, and “ethics officer” of the University of Illinois at Chicago, a public university that has nothing to do with me! The poor guy is deeply confused.

The Blaze is a conservative website that is very popular. Or so I was told by a man from the radio station in Lebanon, Missouri, who interviewed me about my objection to Principal Lowery’s goddy remarks at the Lebanon High School graduation. Doing my day job, I’m unaware of much of this fracas, but I’ve been receiving hate mail all day from the good citizens of Lebanon, and got a really nasty phone call in my office about an hour ago. Never have I received such vituperative from non-readers over an issue, and that includes the Hedin case at Ball State. The faithful simply must have their public prayer, and they must excoriate those who object.

At any rate, The Blaze has the LoweryGate story at the very top of its page, and here’s the screenshot (there are four headlines, with each story obtained by clicking a dot at the upper right). If you click it you’ll go to the story:

It’s strange, you know—people really wonder why some “carpetbagger” like me should care about this kind of stuff. Well, an erosion of Constitutional rights in one place affects us all, for we’re really on a slippery slope that leads to theocracy, and our only pitons are constant defenses of the Constitution.  In his interview, the radio guy, playing the devil’s advocate, asked me why I cared about what happens in Lebanon. I responded by asking him, “Well, why should you care if a black person is denied the right to vote in Mississippi?”

After reporting Lowery’s remarks and showing the video of his speech, The Blaze adds this:

Lowery’s comments, though, attracted a response from Jerry Coyne, an evolutionary biologist at the University of Chicago, who wrote that they constitute a First Amendment violation.

He complained to Lowery, the school board, the local superintendent and the Freedom From Religion Foundation, a church-state separatist group.

But Hemant Mehta, an atheist blogger, had a different take, saying that while the comments were inappropriate, he’s not sure they posed an illegal constitutional violation.

A voice message and email seeking comment from Lowery have not been returned to TheBlaze.

I beg to differ with Hemant: I think the remarks were a blatant intrusion of religion into a public school ceremony. When the principal said, after the bogus “moment of silence,” that he prayed to God, he was imposing his views on a captive audience. And that’s a Constitutional violation.

I’ll bet Hemant $100 that the school will back down when it receives the inevitable legal warnings. If he’s right, and it’s not a constitutional violation, the school might stand its ground. How about it, Mr. Friendly Atheist? Are you on?

I see there are 146 comments at the bottom of The Blaze post, and the radio guy warned me that some of them aren’t pretty, but I have a book to write. Maybe I’ll have a look tomorrow. It should be amusing.

____

p.s. If you don’t know what my title refers to, go here.