The case was brought by Professor David Saxe, a Pennsylvania State University
educator and a member of the State Board of Education. Prof. Saxe was represented
by Bryan J. Brown, an attorney with the American Family Association's Center
for Law & Policy.
In his lawsuit, Saxe argued that a 1999 anti-harassment policy passed by the
State College Area School District, was a violation of free speech. The anti-harassment
policy had criminalized any speech that was deemed to be offensive or which
belittled an individual. The penalties varied from a warning to expulsion from
school. Under this policy, Christian students were forbidden to make any negative
comments about a person's sexual orientation-or they risked expulsion from school.
In the federal court's ruling, the judges noted that, "By prohibiting
disparaging speech directed at a person's 'values,' the policy strikes at the
heart of moral and political discourse-the lifeblood of constitutional self-government
(and democratic education) and the core concern of the First Amendment. That
speech about 'values' may offend is not cause for its prohibition."
Thankfully, these federal judges came down on the right side of free speech
in this case-and their decision may have struck a deathblow to the politically
correct movement in high schools and colleges.
Homosexual activists have labored long and hard to get so-called anti-harassment
policies passed on college campuses. They have also worked hard to pass "hate
speech" laws, which criminalize any legitimate criticism of homosexuality
as a health hazard and as a perversion of normal sexual behavior.
This case may be the beginning of the end for anti-free speech school policies
that provide legal protections for homosexuals. Christians don't leave their
free speech rights at the door of the public school house. They, as well as
others, have the right to express their opposition to homosexuality.
It is my hope that this court decision will be used in future lawsuits in other
states where the First Amendment right to free speech has been stifled by homosexual
activists. As attorney Bryan Brown has noted, "This is a resounding bell
of freedom ringing in Philadelphia today reaffirming that indeed, students do
not leave their First Amendment rights at the schoolhouse gate."
Let that freedom ring on every high school and college campus!