July, 23 2012, 03:47pm EDT
Federal Appeals Court Rules That Wisconsin Public School May Not Hold Graduation Ceremonies In A Church
Church-State Watchdog Group Celebrates Ruling Reversing Lower Court Decision In Elmbrook Case
WASHINGTON
Americans United for Separation of Church and State welcomed a decision today by the 7th U.S. Circuit Court of Appeals that a Wisconsin school district violated the First Amendment of the U.S. Constitution when it held its graduation ceremonies in a church.
Ruling in Doe 3 ex rel. Doe 2 v. Elmbrook School District, a 10-judge panel of the 7th Circuit voted 7-3 in favor of Americans United. Writing for the majority, Judge Joel M. Flaum said that "conducting a public school graduation ceremony in a church -- one that among other things featured staffed information booths laden with religious literature and banners with appeals for children to join 'school ministries' -- runs afoul of the First Amendment's Establishment Clause."
This decision by the full court, known as an en banc ruling, reversed a Sept. 9, 2011 decision in which a three-judge panel of the 7th Circuit ruled 2-1 that the school district's practice did not violate the separation of church and state.
"We applaud the court's wise decision," said the Rev. Barry W. Lynn, executive director of Americans United. "The decision makes clear to public schools that it's not appropriate to hold graduation ceremonies in venues festooned with religious symbols."
Americans United filed suit on behalf of nine students, parents and graduates of the Elmbrook School District in Brookfield, Wisc. The plaintiffs felt like outsiders at the graduation ceremonies because of the religion-permeated environment provided by the church.
Elmbrook Church displays a large cross, which church officials have refused to cover, in the sanctuary where graduation ceremonies are held. The facility is filled with other religious iconography.
At graduations, parents and children sit in pews filled with Bibles and hymnals, "Scribble Cards for God's Little Lambs" and church promotional cards that ask them whether they "would like to know how to become a Christian." The church's lobby is filled with evangelical pamphlets and postings, many of which are aimed at children and teens.
Americans United noted that there are many non-religious facilities available for the graduation ceremonies, and other school districts in the area make use of them.
Alex J. Luchenitser, Americans United's associate legal director, who argued the case, said: "I am very pleased with today's court decision. It is absolutely wrong to subject public school students to an intensely religious environment as the price of attending their own graduations."
The case has been litigated by AU's Luchenitser in consultation with AU Legal Director Ayesha N. Khan, with assistance from former AU fellowship attorneys Elizabeth Stevens, Josef Klazen and Robert Shapiro. James H. Hall Jr. and F. Thomas Olson of the Milwaukee civil rights firm Hall Legal, S.C. are serving as co-counsel in the case.
Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.
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To Remove 'Cloud of Doubt,' Journalism Professors Urge Review of NYT Story on Oct. 7 Sexual Violence
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A front-page New York Times story that Israel used to galvanize public support for its U.S.-backed assault on Gaza must be subject to an independent review, said more than 50 journalism professors in a letter to the newspaper on Monday, as growing protests signified widespread outrage over the destruction that followed the bombshell article.
The professors, many of whom worked as full-time journalists before turning to academia, wrote to Timespublisher A.G. Sulzberger, executive editor Joe Kahn, and international editor Philip Pan, calling for a "thorough and independent review" into the article "'Screams Without Words': Sexual Violence on Oct. 7."
The letter urged the newspaper to form a commission made up of journalism experts to examine the "reporting, editing, and publishing processes" for the story.
The article came under scrutiny shortly after it was published, having been reported by not only international correspondent Jeffrey Gettleman but also two inexperienced freelancers based in Israel. One, Anat Schwartz, is a "former air force intelligence official" with whom the Times cut ties after it was revealed that she had "liked" a social media post calling for Gaza to be turned into a "slaughterhouse."
"It appears that extraordinary trust was invested in these individuals andthe Times would benefit from publicly explaining the circumstances that justified such unusual reliance on freelancers for such an important story," wrote the professors, including Mohamad Bazzi of New York University, Shahan Mufti of University of Richmond, and Jeff Cohen, who retired from Ithaca College.
Mufti joined Northwestern University assistant professor Steven Thrasher in gathering the signatures, and told The Washington Post that after "serious consideration and deliberation," the academics "came to the conclusion that this is necessary."
In addition to questions that have been raised about Schwartz's and Sella's experience and bias, the professors pointed to the newspaper's acknowledgment on March 26 that "new video evidence 'undercut' some important details" in "Screams Without Words," as well as Gettleman's comment suggesting he did not view the information in the story as hard "evidence."
"Can the paper 'establish' fact if its own reporter does not consider his information 'evidence'?" asked the professors.
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The Intercept also reported that in reporting on the alleged sexual assaults, Schwartz relied on interviews with a rescue group that was "documented to have mishandled evidence and spread multiple false stories about the events of October 7, including debunked allegations of Hamas operatives beheading babies."
Al Jazeera journalist Laila Al-Arian called Monday's letter a "major development" and urged the Times to "do the right thing."
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"If an independent review finds that the Times did nothing gravely wrong, then it will be a win not just for the Times but for all journalism," the professors wrote. "In the worst case, if an investigation does find remarkable errors or negligence in the way the newsroom operated, nothing that the Times would do in response could ever reverse the damage done to Palestine and to Palestinians but the Times could still reverse some of the damage it has done to itself with its silence."
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