Honorable Harvey E. Schlesinger, Senior United States District Judge
Senior United States District Judge Hsrvey Schelsinger's April 15, 2009 order granting a preliminary injunction against the St Johns School Board makes me want to stand up and cheer. Three cheers for federal courts vindicating First Amendment rights of citizens here in St. Johns County!
Here in St. Augustine and St. Johns County, too many of our elected and appointed public officials are ignoramuses, who growl with contempt at the First Amendment, simultaneously:
(a) violating the First Amendment's Establishment Clause; and
(b) violating the Petition Clause and Free Speech Clause in public meetings and by arresting artists.
Color them dazed and confused, with no training in the First Amendment ever provided by the School Board's attorney by the School Board's own admission last year.
As Justice Hugo Lafeyette Black wrote for the United States Supreme Court in 1940, at a time when Nazi military victories were daily headlines, "Under our constitutional system, courts stand against any winds that blow as havens of refuge for those who might otherwise suffer because they are helpless, weak, outnumbered, or because they are nonconforming victims of prejudice and public excitement." Chambers v. Florida, 309 U.S. 329 (1940)(reversing death penalties wrongfully inflicted upon four African-Americans in South Florida). As Justice Black wrote in Beuharnis v. Illinois, 343 U.S. 250, 275 (Black, J., dissenting), "the First Amendment, with the Fourteenth Amendment," forbids First Amendment violations by state and local goveernments "without any 'ifs,' 'buts,' or whereases.'"
Some snarly schoolmarms think they know what's best, and they ignore the Constitution at our peril, making up their own "ifs, buts or whereases."
IN particular, one JOSEPH JOYNER, our estimably School Superintendent (if quoted correctly below by the St. Augustine Record), rather arrogantly called the parents who sued of having their "own agenda," which is condescending bureauratese for having a mind of their own. (JOYNER initially made the same remark about Grandmothers for Peace insisting that parents have the right to opt out from mllitary recruiters contacting children).
His "agenda" remark swaggers with animus toward the First Amendment. Let JOYNER hang his head in shame.
On March 17, 2009, two parents and two school children filed a lawsuit chellenging St. Johns County Schools for threatening to ban children from third grade graduation if they didn't sing a Christian song that mocks separation of church and state.
Some 32 days later, on April 15, 2009 at 4:32 PM, Judge Harvey Schelesinger granted a preliminary injunction, banning the St. Johns County Schools from abusing the rights of school children by compelling singing of a religious song, "In God We Still Trust."
As Judge Harvey Schelsinger writes, "The challenged song is not a sacred example of a choral music used to instruct students in music theory and appreciation. It is a modern, American county music song overtly espousing a specific religious viewpoint and attacking of those who do not share in the same belief. Additionally, the song degrades the doctrine of governmental separation from and neutrality towards the promotion ofreligious ideologies. It is with these ideas in mind that this Court finds Plaintiffs entitled to a preliminary injunction which bars the school board, and its employees, from re-introduction ofthe Song into the classroom or the Assembly performance schedule. Therefore it is ORDERED and ADJUDGED:
1. Plaintiffs' Motion for a Preliminary Injunction is hereby GRANTED.
2. Defendants and the Defendants' officers, agents, servants, employees, attorneys and all other persons in active concert or participation with Defendants are hereby PRELIMINARY ENJOINED from directing or causing public school students at The Webster School to rehearse or perform the song entitled "In God We Still Trust."
DONE and ENTERED in Jacksonville, Florida this 15th day of April, 2009
Judge Schlesinger's magnificent, learned opinion may be read in its entirety at https://ecf.flmd.uscourts.gov/doc1/04716768618
To read the complaint, go to http://www.news4jax.com/download/2009/0325/19013351.pdf
Our St. Johns County School Board and its in-house ande insurance defense oounsel have acted impulsively, refusing to agree to a prelminary injunction, causing immense expense when they said they would not require the song after all.
Here's a list of the lawyers who refused to stipulate to the preliminary injunction, rigthly raising righteous wrath from Judge Schlesinger:
Frank D. Upchurch , III
Upchurch, Bailey & Upchurch, PA
PO Drawer 3007
St Augustine , FL 32085-3007
904/829-9066
Email: fdupchurch@ubulaw.com
John David Marsey
Sniffen Law Firm, PA
211 E Call St
Tallahassee , FL 32301
850/205-1996
Fax: 850/205-3004
Email: dmarsey@sniffenlaw.com
Richard Q. Lewis , III
Upchurch, Bailey & Upchurch, PA
PO Drawer 3007
St Augustine , FL 32085-3007
904/829-9066
Fax: 904/825-4862
Email: rqlewis@ubulaw.com
Robert Jacob Sniffen
Sniffen Law Firm, PA
211 E Call St
Tallahassee , FL 32301
850/205-1996
Fax: 850/205-3004
Email: rsniffen@sniffenlaw.com
Let these dumb ole Republican lawyers notify their insurance companies of their legal malpractice. Then let them (and the Principal and School Superintendent JOSEPH JOYNER) go hold bake sales and pay the plaintiff's attorney fees personally, rather than spending our money (or insurance money) on their foibles.
Let the School Board finally provide First Amendment training for all employees, hodling an entire day of in-service training for all teachers, aides, secretaries, custodians, counsellors and (especially) administrators at the St. Augustine Ampitheater.
Let us learn from our smarmy right-wing Republican schoolmarms' mistakes, and never again let children be treated as prisoners of war on display in a concentration camp, compelled to spout propaganda from someone else's political agenda.
Let freedom ring!
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