Breaking News
Brenda J. Linert

Agree or not, our freedoms protect us all

By Brenda J. Linert 4 min read

I once had a debate with a friend about freedom of expression stemming from a news story about someone burning the American flag.

"They ought to go to jail for that!" stormed my patriotic friend.

He became even more appalled when I noted that flag burning is a protected right. Unless the person lighting the match is breaking some other law, burning an American flag is protected by the First Amendment as a symbolic form of speech.

Yes, it was a bit of a challenge to explain the irony that the American flag is a representation of our rights as Americans, including the one that gives us the right to express ourselves by, well, burning that very flag.

These days, in fact, it's probably increasingly more difficult to explain our rights to many people who so firmly believe they understand their rights, yet still grossly misinterpret them.

I'm sure Ohio Attorney General Dave Yost faced a similar challenge recently when he advised a southwestern Ohio school district how the First Amendment applies to protests on public property.

According to several Ohio media outlets, Yost became involved after a controversial club, "The Satan Club," planned to meet after hours at a Lebanon City Schools building.

The club applied for and gained permission.

But that's not what brought Yost into the equation.

Lebanon City Schools Superintendent Isaac Seevers had sent a letter to district families, explaining the approval.

"The Satanic Temple After-School Satan Club is NOT a district or school-sponsored event. Lebanon City Schools do not endorse the activities or intent of this group or any other religiously affiliated groups offering after-school activities on our campuses. … The District has no other involvement in this program except for the approval of the rental of the space," the letter stated.

"Lebanon City Schools and the Board of Education have policies and administrative procedures in place that allow for community use of its publicly funded facilities outside of the school day.

"The district does not and is not legally allowed to discriminate against any groups who wish to rent our facilities, including religiously affiliated groups. The district has approved these types of groups in the past, one example being the Good News Club, which is an after-school child evangelism program. The Good News Club has met after school at Donovan Elementary School for years.

"Across the nation, The Satanic Temple After-School Satan Club intends to meet at public schools where Good News Clubs also operate. Either the district's facilities are to be made available to all groups or to no groups, according to a 2001 Supreme Court ruling in favor of the Good News Club, citing if public schools rent their facilities to secular groups, they must also rent to religious groups."

But then, as Yost later pointed out, he crossed the line. In response to the concerns being raised by area parents and religious leaders about the meetings, Seevers also used the letter to discourage public protests of the Satan Club's meetings.

"I am asking the public to please refrain from gathering at the school or protesting on or around school grounds. If you want to gather as a community during this time, please find another place in town."

It was that plea that caught Yost's attention. According to southwestern Ohio media outlets, Yost sent a letter to Seevers stating, "This rubs against the First Amendment."

Indeed it does -- like it or not.

Yost also tweeted that he thinks it is "wrong" that the superintendent discouraged parents from their First Amendment rights to protest on campus, while supporting the First Amendment rights of the "After School Satan Club" to meet there.

Make no mistake, this was not a case of favoritism. From what I've read, it sounds like neither Seevers nor Yost are fans of the Satan Club.

Nonetheless, the attorney general was correct about the right to peaceably assemble. First Amendment rights to gather don't just apply to some groups some of the time.

The fact is, like it or not, the freedoms that protect our individual liberties, protect everyone's liberties as well.

Starting at /week.