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Child's 'Jesus' Drawing Crux of Federal Lawsuit
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Child's 'Jesus' Drawing Crux of Federal Lawsuit
by Allie Martin and Jody Brown
February 1, 2007

A federal judge will decide whether a public school in New York state was justified when it censored a kindergartner's art poster containing a picture of Jesus.

In 1999, Antonio Peck, then a kindergarten student in the Baldwinsville School District, was instructed by his teacher to draw a poster about how to save the environment. His first poster was rejected because it contained several religious figures. Antonio's second poster included figures of children holding hands, people recycling trash, and a picture of Jesus. The poster was displayed in the school cafeteria, but school officials folded the poster in half so the figure of Christ could not be seen.

A lawsuit was filed and a federal judge has heard the case. Mat Staver, founder of Liberty Counsel, the legal group which filed the lawsuit, says the school sent a terrible message to Antonio and other students.

"They took the position that they would establish a religion by merely posting a picture of Jesus [drawn] by a kindergarten student among 80-plus posters during a 40-minute presentation," he says. According to Staver, the school's stance was essentially that Jesus "had to be cleansed" from the presentation.

The case is a blatant example of viewpoint discrimination, says the attorney. "There are some school officials who take a very radical position against religion and assume that any kind of religious expression -- even if it's by students -- has to be censored," Staver explains. "That doesn't make sense; and in fact, it's unconstitutional."

A Liberty Counsel press release on the case reports that a newspaper report on the matter brought unexpected exposure to the second poster. The story run by a New York newspaper carried images of both the folded and unfolded versions of the poster. When asked by a reporter how he felt about the story, Antonio replied: "Happy. Now my poster is not folded."

Liberty Counsel calls it "ironic" and notes that because of the school's decision and the subsequent newspaper report, Antonio's poster was viewed by many more people than would have seen it had not been "censored" in the first place. "Many people have had the opportunity to hear about Jesus from this little boy and his parents because they were willing to take a stand for what is right," states the release.

The case, Baldwinsville School District v. Peck, is now in the hands of a federal judge, and Staver expects a ruling sometime this spring.
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