{"id":105,"date":"2008-12-12T12:15:44","date_gmt":"2008-12-12T12:15:44","guid":{"rendered":"http:\/\/blog.beliefnet.com\/lynnvsekulow\/2008\/12\/christmas-displays-are-constit.html"},"modified":"2008-12-12T12:15:44","modified_gmt":"2008-12-12T12:15:44","slug":"christmas-displays-are-constit","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/lynnvsekulow\/2008\/12\/christmas-displays-are-constit.html","title":{"rendered":"Christmas Displays are Constitutional"},"content":{"rendered":"

Barry, the First Amendment does not require the government to strip the public arena of references to holidays that the vast majority of Americans observe.<\/font><\/p>\n

 <\/font><\/p>\n

In the Rhode Island case you referred to, the Supreme Court noted that “[i]t would be ironic . . . if the inclusion of a single symbol of a particular historic religious event, as part of a celebration acknowledged in the Western World for 20 centuries, and in this country by the people, by the Executive Branch, by the Congress, and the courts for 2 centuries, would so ‘taint’ the city’s exhibit as to render it violative of the Establishment Clause. To forbid the use of this one passive symbol–the cr\u00e8che–at the very time people are taking note of the season with Christmas hymns and carols in public schools and other public places . . . would be a stilted overreaction contrary to our history and to our holdings.” Lynch v. Donnelly<\/i>, 465 U.S. 668, 686 (1984).<\/font><\/p>\n

 <\/font><\/p>\n

In other words, it is not improper for the government to acknowledge and recognize a variety of aspects of the holidays, including their religious origins, just as it is permissible for the government to acknowledge the role the Ten Commandments have played in the development of American law and history.<\/font><\/p>\n

 <\/font><\/p>\n

When the government creates a forum for private expression, as is the case in Olympia, Washington, First Amendment free speech rights come into play. That an atheist group may have a right to post a sign in some instances, however, does not insulate the message conveyed from public discussion and criticism. Proclaiming that “there are no gods, no devils, no angels, no heaven or hell” and that “religion is but myth and superstition that hardens hearts and enslaves minds” is extremely offensive to millions of Americans. Those offended by this attack on their faith have every right to express their strong disagreement with this message.<\/font><\/p>\n

 <\/font><\/p>\n

Barry, I think it is much better to allow discussion and debate, as in Olympia, than to have a sanitized holiday season where there are no displays for fear of offending someone. As Justice Holmes famously stated, people should realize that “the ultimate good desired is better reached by free trade in ideas–that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate is the theory of our Constitution.” Abrams v. United States<\/i>, 250 U.S. 616, 630 (1919) (Holmes, J., dissenting). <\/font><\/p>\n","protected":false},"excerpt":{"rendered":"

Barry, the First Amendment does not require the government to strip the public arena of references to holidays that the vast majority of Americans observe.   In the Rhode Island case you referred to, the Supreme Court noted that “[i]t would be ironic . . . if the inclusion of a single symbol of a…<\/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-105","post","type-post","status-publish","format-standard","hentry","category-free-speech","category-religious-freedom","category-separation-of-church-and-state"],"yoast_head":"\nChristmas Displays are Constitutional - Lynn v. 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Jay Sekulow has also served as a faculty member for the Office of Legal Education at the United States Department of Justice.  As a member of the faculty he instructed Assistant United States Attorneys and investigators in the First Amendment issues associated with prosecution of obscenity. An accomplished and respected judicial advocate, Sekulow has presented oral argument before the U.S. Supreme Court in numerous cases in defense of constitutional freedoms. Several landmark cases argued by Sekulow before the U.S. Supreme Court have become part of the legal landscape in the area of religious liberty litigation.  In the Mergens case, Sekulow cleared the way for public school students to form Bible clubs and religious organizations on their school campuses.  In the Lamb's Chapel case, Sekulow defended the free speech rights of religious groups, ensuring that they be treated equally with respect to the use of public facilities.  And, most recently, in McConnell v. 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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