Government speech? Individual speech? I guess now there is a difference according to the Supreme Court in their latest ruling. I just thought the government was made up of individuals.
The City Council in Fredricksburg, VA adopted a policy in 2005 prohibiting the use of Jesus' name being lifted up in prayer. The council opens their sessions in prayer asking those who are invited to do so to refrain from using the name of Christ in these prayers.
A Reverend Turner challenged this with a lawsuit complaining his right to free speech was violated. He did this because the Mayor would not let him pray before the session. The reason was because Turner had told him he was going to go against the Council's policy and in keeping with his faith invoke the name of Christ in his prayer.
A three judge panel of the 4th US Circuit Court of Appeals unanimously rejected Turner's lawsuit and sided with the City Council saying the policy does not violate Turner's right to free speech because the prayer is "government speech" not "individual speech."
Sandra Day O'Connor, who participated as a visiting judge wrote that Turner was given a chance to pray on behalf of the government but was not being forced to violate his "deeply held religious beliefs."
The City Council implemented this policy in 2005 when the ACLU put demands on them. They threatened to file a lawsuit against the Council over Turner's prayers.
Turner was represented by The Rutherford Institute which is a civil liberties group who focuses on First Amendment and Religious Freedom issues. The Institue said it would appeal the decision.
The President of the Institute, John Whitehead, said "this ruling shows exactly how dangerous the government speech doctrine is- it extinquishes free speech. If the government can censor speech on the grounds that it is so-called government speech it will not be long before this label becomes a convenient tool for silencing any message that does not conform to what government officials deem appropriate."
I wonder what our founding fathers would have said about all this. Oh wait. I already know. They would say "poppycock!"