{"id":103,"date":"2008-12-09T16:36:24","date_gmt":"2008-12-09T16:36:24","guid":{"rendered":"http:\/\/blog.beliefnet.com\/lynnvsekulow\/2008\/12\/nativity-scenes-and-atheist-si.html"},"modified":"2008-12-09T16:36:24","modified_gmt":"2008-12-09T16:36:24","slug":"nativity-scenes-and-atheist-si","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/2008\/12\/nativity-scenes-and-atheist-si.html","title":{"rendered":"Nativity Scenes and Atheist Signs"},"content":{"rendered":"

Barry, we should not expand federal or state reporting requirements for churches that support or oppose legislation\/ initiatives, just as we should not continue the gag rule on political speech from the pulpit.<\/font><\/p>\n

 <\/font><\/p>\n

On a different note, you’ve probably heard about the controversy in Olympia, Washington surrounding a sign from the Freedom From Religion Foundation displayed near the Capitol Rotunda. Among other things, the sign says, “Religion is but myth and superstition that hardens hearts and enslaves minds.” It was placed in response to the inclusion of a nativity scene last year. Many people in Washington and around the country are upset by this message, and other groups and individuals have had signs displayed there as well this month in response.<\/font><\/p>\n

 <\/font><\/p>\n

Barry, I think you would agree that this situation highlights the important difference between private speech in a forum and government speech that was raised in our Pleasant Grove v. Summum<\/i> case<\/a> before the Supreme Court. As our letter on holiday displays<\/a> explains, where the government makes a location available for the expression of private speech during the holiday season, as it appears is the case in Olympia, the government cannot exclude potential speakers due to disagreement with their viewpoint. Religious or anti-religious private speech in a forum cannot be attributed to the government, so there is no Establishment Clause issue in allowing a nativity scene, menorah, or atheist sign on equal terms. The government may post a general disclaimer stating that it does not endorse the message of the private displays, but it cannot single out religious displays for a special disclaimer.<\/font><\/p>\n

 <\/font><\/p>\n

On the other hand, when the government itself is speaking, as we argued is the case in Pleasant Grove<\/i>, private individuals cannot force the government to change the desired message. Governments often convey their own messages during the holiday season through government-owned displays that include a variety of secular and religious items. When a person challenges such displays under the Establishment Clause (which was not<\/i> the case in Pleasant Grove<\/i>), and has proper legal standing to do so, the court considers whether the purpose and effect of the government’s display is primarily secular or religious in nature. Thus, courts consider the context of government-owned holiday displays that include a nativity scene or menorah, e.g.<\/i>, whether there are items such as reindeer, Santa Claus, candy canes, etc. nearby, in determining whether the display is permissible.<\/font><\/p>\n

 <\/font><\/p>\n

Barry, do you agree with this analysis?<\/font><\/p>\n

 <\/font><\/p>\n","protected":false},"excerpt":{"rendered":"

Barry, we should not expand federal or state reporting requirements for churches that support or oppose legislation\/ initiatives, just as we should not continue the gag rule on political speech from the pulpit.   On a different note, you’ve probably heard about the controversy in Olympia, Washington surrounding a sign from the Freedom From Religion…<\/p>\n","protected":false},"author":163,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[36,4,5],"tags":[],"class_list":["post-103","post","type-post","status-publish","format-standard","hentry","category-free-speech","category-religious-freedom","category-separation-of-church-and-state"],"yoast_head":"\nNativity Scenes and Atheist Signs - Lynn v. 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FEC, Sekulow ensured that the constitutional rights of young people remain protected with a unanimous decision by the high court guaranteeing that minors can participate in political campaigns. A nationally recognized and respected defender of religious freedom, Sekulow has assembled one of the most prestigious law firms in the nation.  Founded in 1990, the American Center for Law and Justice focuses in constitutional law.  The ACLJ, under Sekulow's direction, is involved in public interest and public policy issues working to protect religious and constitutional liberties. In 2007, the Chicago Tribune concluded that the ACLJ has \"led the way\" in Christian legal advocacy.  In 2005, TIME Magazine named Sekulow one of the \"25 Most Influential Evangelicals\" in America and called the ACLJ \"a powerful counterweight\" to the ACLU.  Business Week said the ACLJ is \"the leading advocacy group for religious freedom.\"  Sekulow's work on the issue of judicial nominees - including possible vacancies at the Supreme Court - has received extensive news coverage including a front page story in The Wall Street Journal.  In addition, The National Law Journal has twice named Sekulow one of the \"100 Most Influential Lawyers\" in the United States (1994, 1997).  He is also among a distinguished group of attorneys known as \"The Public Sector 45\" named by The American Lawyer (January\/February 1997).  The magazine said the designation represents \"45 young lawyers outside the private sector whose vision and commitment are changing lives.\" Sekulow brings insight and education to listeners daily with his national call-in radio program, Jay Sekulow Live!, which is broadcast throughout the country on nearly 850 radio stations.  Sekulow also hosts a weekly television program, ACLJ This Week, which tackles the tough issues of the day and is broadcast on a number of networks nationwide including the Trinity Broadcasting Network and FamilyNet.  Sekulow is also a popular guest on nationally televised news programs on ABC, CBS, NBC, CNN, FOX News, MSNBC, CNBC, and PBS.  He frequently contributes articles and commentary to national publications and is often quoted in the nation's leading newspapers including USA Today, New York Times, Los Angeles Times, Washington Post, and Washington Times. A graduate of Mercer University, Sekulow graduated cum laude receiving both a bachelor's degree and doctor of jurisprudence from Mercer University where he served on the Mercer Law Review as an editorial staff member.  Following graduation, Sekulow served as a tax trial attorney in the Office of Chief Counsel for the Internal Revenue Service.  In that capacity, Sekulow prepared and brought to trial tax cases on behalf of the United States Department of Treasury in United States Tax Court. He also received a Ph.D. from Regent University, with a dissertation on American Legal History, and is the author of numerous publications and law articles. 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