The Foundation for Individual Rights in Education has judged policies of four-year higher educational systems to be restrictive of First Amendment rights. The group claims:
Too many racial, sexual and general harassment policies extend substantially beyond the limits of genuine harassment.
Appalachian State’s director of the Office of Equity, Diversity and Compliance was consulted to defend the school’s position. The ACLU has sided with the conservative group. Three First-Amendment benders perpetrated by the school were listed in a Watauga Democrat article:
“commenting inappropriately on someone’s appearance” [Free speech means you can say what you want, but inappropriately indicates the comments were so egregiously placed as to cause defensible injury.]
“sexual innuendos and comments” [These comments existed in every student conversation in my college experience.]
“imposing religious beliefs on others.” [This is definitely a violation of the First Amendment, and the good folks at FIRE need to rethink their tack if they suppose otherwise. To belabor the point, reading a Bible outloud is not imposing one’s beliefs on others. Examples of imposition would be giving students bad grades for not renouncing the faith of their choice, dragging one’s roommate to church against their will, sacrificing non-consenting virgins to one’s god. One practice engaged by peers, counselors, and other higher-ups when I was in college was trying to compel geeky do-gooders to violate their religious taboos.]
The same issue cropped up in another story today. NC leaders are not taking seriously a letter sent by the ACLU claiming it is wrong for leaders in the General Assembly to offer invocations. Since the issue seems to be more than one of interpretation, I will dissect it. The First Amendment reads:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; . . .
First praying in a state legislature is not an act of Congress. If, by popular demand, Congress were to pass a law forbidding prayer, then the First Amendment would be violated. If Congress takes no action and tells people to live and let live, it is in compliance.
The free exercise of many religions involves prayer. People praying are exercising a Constitutionally-protected right. Has Congress passed a law prohibiting prayer? If not, then Congress is still adhering to the law of the land. If the ACLU decides to place itself between the individual and his god, and forces Congress to pass a law prohibiting prayer, then Congress would again be in violation.
‘Nuff said, or am I going to be seeing this again in a couple weeks?
