BARNEGAT, N.J. - Officials at Russell O. Brackman Middle School originally stopped three students from praying as part of the "See You at the Pole" event on Sept. 21, but the participants increased to a much larger number at a "do over" event allowed after the school's principal received a letter from an ADF attorney explaining the law.
"Students not only have a constitutional right to participate in 'See You at the Pole,' but they also have a right to tell other students about it," said ADF attorney Jeremy Tedesco. "So long as students do not disrupt the academic process, school officials cannot interfere with their religious freedom."
"See You at the Pole" (
www.syatp.org) is an annual student-organized, student-led gathering at the school flagpole where students pray for their school, friends, teachers, government, and nation. A Brackman Middle School official acting on behalf of the principal approached three students, including Emily Tomsick and Kenan Wright, who were praying at the school's flagpole on Sept. 21. The official reportedly ordered them to stop praying, citing concerns about mixing religion and schools.
"The censorship of the students' prayer as part of the SYATP event is blatantly unconstitutional under firmly established law and is a violation of the students' First Amendment rights," wrote Tedesco in his letter to the principal following the incident.
After receiving the letter, the school allowed the students to hold a "do over" event on Oct. 19. Approximately 50 students and members of the community reportedly participated.
"The school should be applauded for doing the right thing in allowing the students to gather at the make-up prayer event," Tedesco explained. "ADF is happy to have been a part in helping the school to understand what the Constitution really says about the First Amendment rights of its students."
The letter written by Tedesco to the principal of Brackman Middle School can be read at
www.telladf.org/UserDocs/TomsickLetter.pdf. ADF produced an informational legal memorandum describing the constitutional rights of students who wanted to participate in the event. The document is available at
www.telladf.org/UserDocs/SYATP_ADF_Memo_2005.pdf.
ADF is a legal alliance defending America's first liberty--religious freedom--through strategy, training, funding and litigation.
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