Title: Message
Forgive me for posting and running, but I cannot let this pass and I do not have time to marshal my facts.  I have done religious issues in the public schools for nearly 25 years.  The ACLU has not been a consistent defender of student bible clubs (indeed the opposite is more accurate) or of any of the other claims made in the post below.  An ACLU affiliate may have occasionally filed an amicus in support of students' religious _expression_ in public schools, but it has not been a consistent defender of religious _expression_ in public schools. 
 
As Jim Henderson correctly stated, the ACLU had a hand in originally creating the problem of school districts taking an overly restrictive approach and censoring students' religious speech, which became the incentive for the Equal Access Act in 1984, which the ACLU opposed until it realized its passage was inevitable about an hour before the Act passed the Senate, at which point it went "neutral".  In the 1980s, the ACLU affiliates would often intimidate school districts into adopting policies that were restrictive of students' religious speech.
 
In writing this, in no way am I casting aspersions on Mr.. Brayton.  I believe he probably is conveying information that he has read and believes to be true; however, that information is not a true picture of the ACLU's legal activities on religious _expression_ in the public schools in the 1980s and 1990s.  Again, there may be exceptions to what the ACLU's overall trend has been, but they are exceptions, not the rule.  I sincerely wish the ACLU had been a defender of religious speech in the public schools, but it was not. 
 
Kim Colby


From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Ed Brayton
Sent: Monday, October 31, 2005 1:36 PM
To: 'Law & Religion issues for Law Academics'
Subject: RE: FYI: An Interesting "See You at the Pole" Case

Except that the ACLU has been very consistent in defending the free speech and free exercise rights of students, including events like See You At The Pole, the right to organize student bible clubs, the rights of students to hand out religious literature to their classmates, wear religious clothing, and choose religious songs or subjects for reports, and so forth. In many of the famous cases where it is claimed that schools are being hostile to religion, like the Lamb's Chapel case or the case in Massachusetts where the kids were suspended for handing out candy canes with a religious message attached, the ACLU was on the right side.
 
Ed Brayton
-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED]
Sent: Monday, October 31, 2005 1:26 PM
To: religionlaw@lists.ucla.edu
Subject: Re: FYI: An Interesting "See You at the Pole" Case

In a message dated 10/31/2005 1:24:20 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes:
I wish that the media and the right wing pundits would accurately state the law about religion at schools -- then maybe fewer people would misunderstand it. 
Please.
 
The right wing did not intimidate school districts through litigation and threats thereof until suppression became the obvious safe choice.  The correct spelling for those groups is PFAW, ACLU, etc.
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