Nebraska School Will Distribute Christmas Invitations

Dec 15, 2015

Lincoln, NE — The Lincoln, NE, Public Schools should be commended for taking prompt action to reverse an unconstitutional rejection of privately sponsored Christmas party flyers, which was caused by an improper regulation prohibiting "religious" content. These Christmas party invitational flyers will now be allowed for distribution.

Flyers for a privately sponsored "Christmas Across America" after-school Christmas party were originally denied on the basis of an outdated district regulation, which drew an unconstitutional distinction between "religious" content in community flyers announcing activities of interest to children, and all other content: "Material with…religious content will not be approved for distribution, nor will materials containing art or composition which is in bad taste or otherwise inappropriate for distribution to students."

Based on this regulation, district personnel were concerned that the flyers could not contain "religious" Christmas holiday elements, including lights on a Christmas tree depicting the Star of David; a tiny cross atop a Christmas tree; the word "Bible" describing stories, and the word "Christmas" describing the party. After Liberty Counsel reached out to the district, setting forth the law and offering pro bono assistance on Christmas or other issues should the district be challenged, the district responded, correcting the mistake. Liberty Counsel is prepared to defend any school district for extending equal treatment toward both religious and secular viewpoints, as the law requires.

"Given all of the misinformation out there, it is almost understandable that district staff had questions about the flyers," said Mat Staver, Founder and Chairman of Liberty Counsel. "However, school districts need not fear: the law is clear. Private religious speech has the highest legal protection; schools must treat it equally with private secular speech; and schools may themselves officially celebrate Christmas and other holidays." "School holiday decorations may include all aspects of Christmas, including Nativity scenes, so long as there are adequate secular symbols, and school celebrations may include Christmas carols, so long as there are also secular songs." Unlike some groups which seek to eliminate any mention of religion from our national holidays, Liberty Counsel is a friend to school districts which act within the law.

It is a victory for free speech and a well-rounded education, when private religious speech is protected and not censored in schools, and when schools are able to celebrate Christmas and other holidays utilizing all aspects of our heritage - both secular and sacred – as repeatedly protected and affirmed by our courts.

Liberty Counsel has already launched its thirteenth annual "Friend or Foe Christmas Campaign" to educate and, if necessary, litigate to make sure religious viewpoints are not censored during Christmas. Liberty Counsel provides information about Christmas and a Naughty & Nice list, which overviews retailers that acknowledge Christmas and those that do not.

Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.

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