December 11, 2006

NEWARK, N.J. - The American Civil Liberties Union of New Jersey today praised a decision by U.S. District Court Judge Freda L. Wolfson protecting the religious expression rights of students. The court held that a Frenchtown Elementary School student had the right to sing the song "Awesome God" at a school talent show. The ACLU-NJ submitted a friend-of-the-court brief in support of the student.

"We're pleased that today's decision helps ensure that a student's constitutional right to freely express her religious views is protected," said volunteer attorney Jennifer Klear of Drinker, Biddle & Reath who took the case on behalf of the ACLU-NJ. "The court upheld an important distinction between religious expression that is initiated or expressed by school officials and speech that is initiated by individual students. Schools cannot censor student-initiated speech at after- school talent shows and other public forums."

The Frenchtown Elementary School student wanted to sing the song "Awesome God" in a voluntary, after-school talent show. School officials refused to allow her to sing the song, saying it would give the impression that the school favored religion.

In its brief, the ACLU-NJ argued that no reasonable observer would have believed that the school endorsed the religious message behind the student's song, and that the school therefore had no right to deny

her choice of song. The talent show was open for anyone from kindergarten through 8th grade who wished to play a solo instrument, dance, perform a skit or sing to karaoke. Students were permitted to select their own songs or skits.

Consistent with ACLU-NJ arguments, the court held that because the school allowed students to choose their own songs, they could not reject the student's choice of song because of its religious content.

"The ACLU has a long-standing dedication to defending religious freedom," said ACLU-NJ Executive Director Deborah Jacobs. "We are proud to help secure this child's right to sing a religious song at the talent show."

The ACLU-NJ has participated in other cases involving the right of individual religious expression, including recently helping to ensure that jurors are not removed from jury pools for wearing religious clothing and that prisoners are able to obtain religious literature.