The Liberator

"Where the Spirit of the Lord is, there is Liberty." 
(2 Corinthians 3:17)
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April 2003:   Vol.14, No. 4

Middle Eastern-Managed Public Charter School
Bans Students From Forming Christian Club,
Studying the Bible, or Praying

by Mathew D. Staver

Elisha Moore is a sophomore high school student who attends the International Academy of Flint in Flint, Michigan. The public charter school is managed by a Middle Eastern company known as Sabis. The Academy is one of several public charter schools managed by Sabis throughout the United States. In addition to the public charter schools, Sabis also manages a number of other private schools throughout the U.S., but is primarily concentrated in the Middle East where it operates a number of schools in the United Arab Emirates, Jordan, Lebanon, and a number of other Middle Eastern countries.

Apparently, one of the goals of Sabis is to teach internationalism, which obviously places very little focus on United States history or sovereignty. The Sabis website outlines its heavy concentration in the Middle East, but in recent years, Sabis has expanded to the United States and has become involved in the public and private education business.

The stress on internationalism became quite apparent when our client requested to form an after-school Christian Bible club. Although the school allows a number of other noncurriculum-related student clubs to meet after school, Elisha’s request was repeatedly denied. After facing months of denials, Liberty Counsel filed a federal lawsuit.

Elisha was told that she could not start a Christian Bible club. School officials later told Elisha that while she could not form a Christian student club, the school would allow her to form a world religions club to discuss all religions, provided that the club did not study the Bible nor engage in prayer. There was no restriction placed on Elisha for studying the Koran. Rather, she was told that she could not start a Christian club, could not study the Bible, and could not pray.

Officials with the International Academy of Flint must have forgotten American history and certainly ignored the First Amendment. This, after all, is a student after-school club. Since the school allows other student after-school clubs, the school is required by the First Amendment and the federal Equal Access Act to allow the student Christian Bible club. The school may not dictate the topic of study and certainly cannot censor Christianity from the student club. In the Academy’s effort to teach internationalism and to erase what the school deems to be “bigotry” and “intolerance”, school officials clearly crossed the line by showing bigotry and intolerance to students who hold a Christian worldview. Such “bigotry” is not permitted under the First Amendment.

Department of Justice Supports Liberty Counsel in Candy Cane Case

On the eve of the hearing before a Massachusetts federal court regarding Liberty Counsel’s request for an injunction against Westfield High School, the United States Department of Justice filed a brief in support of our position. The case involved six high school students, all members of the Bible Club, who were suspended after distributing candy canes containing a card announcing the time of the club meeting, Scripture verses and a religious message about the origin of the candy cane. One of our clients is a senior who is a member of the National Honor Society. Another is a freshman who desires to enter a military academy upon graduation. Both of these students face dire consequences if the suspension is not removed from their records. School officials suspended them after the students passed out the candy canes to other classmates during non-class time.

The United States Department of Justice filed a brief in support of our clients, arguing that the school overstepped its authority and violated the Constitution when it suspended the students for engaging in constitutionally protected activity.

An attorney representing the school officials was stunned by the action, acknowledging that we had the United States of America on our side! In addition to the welcomed participation by the Department of Justice, Liberty Counsel also filed the new Guidelines on Constitutionally Protected Prayer in Public Elementary and Secondary Schools issued by the United States Secretary of Education. Since the candy cane message included an announcement about the Bible club, this case falls under the new Guidelines, which state that schools may not prohibit the distribution of leaflets related to Bible clubs. A hearing was conducted in February regarding our request to the court to enter an injunction barring the school from interfering with the students’ distribution of religious literature and requesting that the suspensions be removed from their permanent files. A ruling is expected in the near future.

Supreme Court Hands Down Huge Victory for Pro-Life Protesters

On February 26, the United States Supreme Court ended a long-fought battle over whether abortion advocates may use the federal RICO law to stifle pro-lifers from protesting abortion clinics. Liberty Counsel filed an amicus brief in support of the pro-life protesters. My good friend, Walter Weber of the American Center for Law and Justice, worked on the case for almost ten years.

RICO is a federal law that enhances penalties and damages when other enumerated federal laws are violated. In other words, in order for RICO to apply, the defendant must violate some other specified law. When this occurs, RICO enhances the penalties by requiring the defendant to pay attorney’s fees and tripling the damage award. In the case known as Scheidler v. NOW, the National Organization of Women won a huge damage claim against pro-life protesters by arguing that the object of the pickets was to extort property from abortion clinics under the federal law know as the Hobbs Act. Extortion is the taking of property against someone’s will by another through force or threat of force. The clinics argued that they lost money because the object of the protesters was to cause women to avoid undergoing abortions, and thus, the clinics were forced to relinquish their “property interest” they would otherwise receive from the intended abortions. Fortunately, the Supreme Court ruled that the extortion law cannot form the basis for a RICO violation under the First Amendment.

This ruling is a welcome result not only to pro-lifers, but to any person who engages in protest. In fact, labor unions even supported the pro-lifers. Either the object or the result of most pickets against any business is the loss of income. That is certainly the case with a labor picket and may no less be the result of a pro-life picket. If this ruling were not reversed, then every boycott or picket in America would be threatened into silence by the bankruptcy potential wrought by a RICO lawsuit. The axe which the abortion clinics held over pro-lifers’ necks by threatening RICO lawsuits has now been removed.

New Ways You Can Support Liberty Counsel

Healthy Soy Protein

We have recently created two new opportunities for you to support Liberty Counsel besides donating directly. First, you can support Liberty Counsel by purchasing soy protein shakes, bars, snacks and supplements at www.revivalsoy.com, or by calling 1-800-REVIVAL (800-738-4825). When you order, use reference number 3535 and you’ll receive a free variety pack of bars and shakes with your first order, and 10% of all your purchases will go to support Liberty Counsel.
I use the shakes and bars every day because they taste great and because I believe that adding soy to my diet will improve my health. I have tried dozens of protein powders and bars over the years and this is the first brand I can honestly and wholeheartedly endorse. The problem with the other brands I have tried is that they either taste terrible or contain artificial sweeteners that can be harmful. Now, I look forward to a satisfying and delicious shake in the morning – with flavors like peach, chocolate, cappuccino, vanilla and strawberry. You can choose either fructose or sucralose sweetened soy or the unsweetened version.

The soy snack bars are also delicious. My personal favorite is the low-carb, sugar-free chocolate raspberry, but you also have choices like peanut butter chocolate, peanut butter, apple cinnamon, chocolate temptation and marshmallow krunch. Other snack items include seven flavors of soy nuts (including chocolate-covered and yogurt-covered). Six versions of soy pasta and soy “coffee” are also available.

Their doctor-recommended soy is backed by years of research. Many people take soy because research indicates that isoflavones in the soy may provide health and weight loss benefits. Each bar or shake provides the same amount of isoflavones in six cups of soy milk at a more economical price. I have personally selected Revival Soy as our ministry partner because I believe that you will also benefit from using their products. Revival Soy offers a satisfaction guarantee, so you can try everything they offer risk-free. When you do, I am convinced you will be as excited as I am about Revival Soy.

Online Shopping

The second way to support Liberty Counsel is to shop in our new online shopping mall on our website. The mall has over 300 online stores, including Barnes & Noble, Dell, Delta Airlines, the Gap, Office Depot and Target. This month we are highlighting a few of our favorite merchants: Abbey Press, Best to You Christian Gifts, Give Anything, and J.C. Whitney.

Abbey Press sells inspirational, religious products that help people celebrate seasons and occasions in a special way. They have a gift selection service that will help you choose an appropriate gift within a price category. Best to You Christian Gifts sells gifts and goods, including some for as little as $1. The company also supports efforts to provide Bibles to children around the world. You can also buy gift certificates through Give Anything and the recipient can receive the certificate by email and redeem it in many online stores. J.C. Whitney is an automotive store where you can buy parts and accessories for practically any type of vehicle.

As you shop, each store pays a percentage (averaging 4%) of your purchase price to Liberty Counsel. The products and pricing are the same as going to the merchants directly. There is no added expense to you or to us. Plus, many merchants offer specials and coupons so you can save money and support this ministry at the same time. To get started, just go to our website at www.lc.org and click on the internet shopping link. Remember, you must go through our website in order for Liberty Counsel to get credit for your purchases.


Dear Friend,

The first quarter of 2003 has been quite active. During the first nine weeks of the year, Liberty Counsel has appeared in court in eight separate states. Additionally, we filed a brief in the United States Supreme Court in support of a Texas law banning homosexual sodomy. I recently successfully argued in Los Angeles federal court against the Los Angeles Unified School District’s attempt to set aside our victory in the Good News Club case. In addition to our many pro-family and religious liberty cases, Professor Teresa Collett authored a brief for Liberty Counsel in defense of a Florida law that requires physicians to inform women about the consequences of abortion, including information about fetal development and alternatives to abortion.

I just returned from Chicago where I participated in training approximately forty attorneys in constitutional litigation. On top of all of this excitement, the Liberty University School of Law is gaining momentum. The School of Law has begun hiring experienced professors who will devote their careers to training students to approach law from a Christian worldview. In addition to our Center for Constitutional Litigation and Policy, the School of Law will also partner with sheriffs and prosecuting attorneys by providing clinical experience and training in the area of prosecuting violent criminal offenders, which will include developing an arsenal of trained professionals to target online child pornography and child sexual predators. To my knowledge, the School of Law partnership will be first of its kind in the country.

Despite the many economic and political uncertainties we face today, one thing is certain – God is in control and He has called us to bring renewal to the culture. We cannot abandon defending. the sanctity of human life, family values, and religious liberty. No matter the cost, we must show up to defend the borders. Without your prayers and financial support, Liberty Counsel is an ineffective tool. Your prayers and financial support supply the mechanism that allows us to show up to do battle. While we are battling to defend our freedoms, we are always conscious that each one of you is by our side, pulling together as a unified team.

I challenge you to remain faithful, even in uncertain times. I thank you for your regular prayers for this ministry. Please take a step of faith this year and commit to financially support Liberty Counsel each month. Together, let us move forward as we bring renewal to our culture.

Sincerely,

Mathew D. Staver

P.S. Thank you for your continual prayers and financial support of this ministry. If you haven’t already done so, please take a step of faith this year to regularly give financial support to this ministry. If you have already taken that step, I thank you for your faithfulness.


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Statement of Purpose

Liberty Counsel is a nonprofit religious civil liberties education and legal defense organization established to preserve religious freedom.

The Liberator is a monthly newsletter published by Liberty Counsel.
President and General Counsel: Mathew D. Staver

Copyright © 2003. Liberty Counsel grants permission to copy any of its materials with attribution. Please submit a copy of the publication in which it appears.

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