On The Front Lines
The Rutherford Institute Expresses Regret Over U.S. Supreme Court's Refusal to Hear Columbine Free Speech Case
High Court Lets Stand Decision Allowing Censorship of Religious Memorial TilesWASHINGTON, D.C.-In refusing The Rutherford Institute's request to hear the case of three Columbine families prohibited from placing decorative tiles containing religious content in the corridors of Columbine High School as memorials for their children slain in the 1999 shootings, the U.S. Supreme Court has let stand a lower court ruling allowing censorship of the memorial tiles. The decision came several days after newly released documents revealed that some students trapped inside Columbine High School on the day of the shootings wrote out Bible verses, including Psalm 23, inside the outline of a cross.
On April 20, 1999, two students at Columbine High School (CHS) in Littleton, Colo., shot and killed 12 students and one teacher, injuring numerous others, before turning their guns on themselves. After the tragedy, it was proposed that tile-painting sessions be held at CHS and that students and others connected to the tragedy be allowed to participate. The tile project, started several years earlier by a CHS art teacher, gave students a forum in which they could express themselves by painting ceramic tiles and affixing them above lockers in the hallways. However, school officials informed family members and friends associated with the April 20 shootings that tiles with religious symbols or "inappropriate" content could not be displayed. On behalf of the families, Brian Rohrbough objected. His son Daniel had been a devout Christian. Other families, upset that memorials to their children would be censored, also voiced their objections. School officials then relented and allowed them to include religious messages. But after the tiles were affixed to the walls, another screening process took place. Citing a fear of violating what they thought to be the separation of church and state, school officials chiseled approximately 50 tiles out of the hallways. Among the tiles torn down was one painted by Nicole Petrone, Daniel Rohrbough's stepsister. It showed a red heart with a red rose, a smaller yellow cross and her brother's name. In August 2002, the Tenth Circuit Court of Appeals ruled that the tile project was "school sponsored" and, therefore, Columbine officials had the authority to censor the tiles they found "objectionable"--including those that had religious content. U.S. District Court Judge Wiley Daniel had ruled in October 2001 that by inviting community members to "help the healing process and express themselves" by creating the tiles, school officials created a limited public forum in which religious expression must be allowed. Judge Daniel stated that Columbine school officials violated the First Amendment when they refused to install the painted tiles and removed those that had already been placed.
"It is unfortunate that the Supreme Court has decided not to take the Columbine families' appeal," said John W. Whitehead, president of The Rutherford Institute. "This case would have provided the court with the perfect opportunity to ensure fair and equal treatment of religious expression. However, as long as school officials continue to single out and censor individual religious expression for discriminatory treatment because of their misguided notions about their obligation to uphold the so-called separation of church and state, The Rutherford Institute will continue to fight for the right of individuals to freely express their faith."
To view the tiles painted by the Columbine families, go to: https://www.rutherford.org/tiles.asp
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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