On The Front Lines

Rutherford Institute Attorneys Plan to Appeal Case of Christian Rock Band Prohibited from Performing at Ohio Public School Anti-Drug Rally

TOLEDO, Ohio -- Attorneys for The Rutherford Institute have announced their intention to appeal the dismissal of a lawsuit filed on behalf of Pawn, an Ohio rock band that was prevented from performing at a school-sponsored anti-drug assembly. A U.S. District Court dismissed the case and affirmed the school's right to discriminate against Pawn based on the religious beliefs of the band members. Institute attorneys had filed suit against the Rossford Exempted Village School District and other school officials in February 2005, charging that school officials violated Pawn band members' First and Fourteenth Amendment rights when they discriminated against them because of their religious beliefs.

"This ruling could have a far-reaching impact on the degree to which government officials are able to justify censoring or altogether prohibiting speech," said John W. Whitehead, president of The Rutherford Institute. "The First Amendment principles at the heart of this case should not be written off easily. This case is about much more than whether one Christian band was discriminated against--it is representative of the nationwide battle raging over the free speech rights of religious individuals."

In December 2004, school officials arranged for Pawn to perform at a school-sponsored anti-drug assembly that was scheduled to take place on Dec. 21, 2004, at Rossford High School in Rossford, Ohio. Pawn performs original compositions written by its band members, all of whom are Christians, and attempts to convey positive messages through its music, including messages that oppose the use of drugs, the use of alcohol and sexual promiscuity. Pawn agreed to perform at the assembly and to present anti-drug and anti-alcohol messages to the students between songs. Pawn also agreed that its statements between songs would not be religious and would be limited to the "Just Say No" anti-drug, anti-alcohol message of the assembly. Attendance at the assembly was to be purely voluntary; all students were to be given the option of attending Pawn's performance, attending a study hall or attending a movie. Both the school and Pawn began making immediate preparations for the assembly. Pawn's performance was announced to students, and posters were printed to promote the event. However, a week prior to the assembly, school officials rescinded their invitation and invited another local band to perform in Pawn's place.

In filing suit against the Rossford Exempted Village School District, Institute attorneys charged that school officials violated the band members' constitutional rights by preventing Pawn from performing at the assembly because of the musicians' religious beliefs and the content of their songs.