9th circuit: School can censor graduation music
flockwoodThe Ninth Circuit Court of Appeals has upheld school officials’ rights to censor the music at a high school graduation. Since school officials already have the right to censor speech at high school graduations, I’m not surprised by this 2-1 ruling.
Apparently, school administrators feared that they would be promoting religion by allowing students to play an instrumental version of a melody that is often accompanied by Latin lyrics that are Christian.
By TIM KLASS
Associated Press Writer
SEATTLE (AP) — A federal appeals panel has upheld a decision to bar the instrumental performance of a Christian hymn at a high school graduation in Everett, Wash.
The case arose after seniors in the Henry M. Jackson High School wind ensemble asked to play an instrumental version of “Ave Maria” at their commencement in June 2006. When school officials said no, one of the students, Kathryn Nurre, challenged them in court.
U.S. District Judge Robert T. Lasnik agreed with the school district, ruling that Nurre’s First Amendment rights had not been violated.
On Tuesday, two 9th U.S. Circuit Court of Appeals judges agreed with Lasnik.
The third judge, Milan D. Smith, disagreed. He said the decision would cause school officials “to chill — or even kill — musical and artistic presentations by their students.”
September 8th, 2009 at 1:04 pm
The music to Ave Maria would be just as recognizably religious to Catholics as the music, without words, to Amazing Grace would be to Baptists. If the decision is to eliminate religious music from the graduation ceremony, as they suggest, then I have no problem with it.
Sometimes I wonder at what point we turned the corner and made religion the focus of public schools. No one worries that kids graduate from public schools these days barely able to read and write and know nothing about history and less about math and science. But let some kid want to wear a “Jump for Jesus” t-shirt, and some uptight school adminsitrator object to it, and we are willing to spend thousands of dollars litigating about it.
I think the constitutional prohibition against the mixing of church and state should be enforced, and I further, and more importantly, think that schools should get back to their job — teaching — and not worry so much about what music they play at their graduation ceremonies.
September 8th, 2009 at 1:08 pm
One more thing. Is the school “censoring” the music, or merely deciding what music to have? This is, after all, an official school event, even though the school system didn’t pay the gas for anyone to come to it. So, one would assume that the school system would have the right to decide what music gets played at it.
This is true of the speeches, too. No doubt some religious students would rather hear a religious sermon than the dull speech about commencement being a beginning, not an end, that they will hear. But the school system gets to decide that, too.
September 8th, 2009 at 6:46 pm
I kinda wondered about point #2 as well. Of course the school is going to have final say on program content at a school ceremony. Fine with me if they want to keep the evening free of overtly Christian music, misogynistic gangta rap, and Miley Cyrus.
Is it my imagine or are some people being entirely too lax with throwing around the word “censorship”? That’s a pretty harsh term that carries a connotation of silencing a message completely. It does not seem appropriate in this situation. There are 365 days in a year and 24 hours in a day. Graduation takes, what, a couple of hours? It’s not like the kids (and perhaps some of the parents) have no other opportunity to hear or perform this piece. It takes two to litigate, and if you think the school is being obstinate then what about the plaintiffs?
September 8th, 2009 at 7:17 pm
I’m sure there is a way around this. Obviously, the group of young musicians are very good at what they do. I wonder if a philanthropist offered to pay for an orchestra to play at the graduation, would the song be turned down. If so, it would be a blow to the arts. I agree with Caleb about the intelligence of what schools are producing. In another 10 years, the work force will be hurting.
September 9th, 2009 at 10:57 am
Ten years, perplexed? They’re hurting now. Has anyone on here tried to hire anyone for an entry level position lately? Forget it; applicants can barely speak English, much less write it.