ACLU given 'veto power' over free-speech rights
Jeff Johnson - OneNewsNow - 7/7/2008 9:00:00 AM
The South Iron School District allows off-campus organizations to distribute literature to students before and after school, and during other non-instructional times such as lunch breaks. But the American Civil Liberties Union sued, saying the Gideons should not be allowed to hand out Bibles because of their religious nature. U.S. District Judge Catherine Perry agreed.
"In fact, the federal judge said...the ACLU must be able to have the say-so over whether religious literature can be distributed -- and obviously, if the ACLU has that say-so, no religious literature will ever be distributed," says Matt Staver, founder of Liberty Counsel.
But Staver points out that the First Amendment prohibits any "heckler" from having the right to prohibit free speech. "...The ACLU may not like the fact that equal access also means equal treatment for religious speech, but, frankly, the Constitution requires equal treatment," states the attorney. "...Hecklers may heckle all they want to, but they may not veto private religious speech."
Staver is asking the Eighth U.S. Circuit Court of Appeals to overrule Judge Perry. He says that, to his knowledge, no other U.S. court has ever ruled that a private, third party should be given veto power over private religious speech.
