Thomas Jefferson Muzzle Award

[Sophree]

Goes to Broward County Parks & Rec

http://www.tjcenter.org/muzzles.html#broward04

The Parks and Recreation Division of Broward County (Florida)


"Government may not, in the name of political correctness, single out the views of religious persons for discriminatory treatment."
- John W. Whitehead, President, The Rutherford Institute


Every winter, Florida's Broward County presents the Holiday Fantasy of Lights from late November to early January to celebrate the season and generate revenue for the County. Approximately 250,000 people pay the admission fee to see the exhibition. In addition, individuals, businesses and organizations pay up to $15,000 to sponsor a display in the two-mile path of lights. Although the County provides displays to many sponsors, it also allows sponsors to propose and design their own light displays. Such displays frequently include commercial logos, typically with imagery associated with the holiday season in general and Christmas specifically.

On April 8, 2003, Calvary Chapel of Fort Lauderdale submitted a proposal to the committee of the County Parks and Recreation Division responsible for overseeing the event. Calvary Chapel proposed to enter a display in the exhibition that included the words, "Jesus is the Reason for the Season." The committee rejected Calvary Chapel's display due to its religious nature. The decision was due in part to the fear that the display's message would be perceived as county sponsored and thus in violation of the First Amendment's Establishment Clause. County officials also expressed concern that the County could lose money because controversy over the display would cause some sponsors to withdraw from the exhibition and keep people from attending. The County had not, however, received threats of withdrawal from sponsors or threats of boycott from the public.

In response to the denial of the display, Calvary Chapel (with the legal representation of the Virginia-based Rutherford Institute) brought action in federal court seeking a preliminary injunction allowing it to enter the display in the Fantasy of Lights. The Chapel claimed that denying its display constituted viewpoint discrimination in violation of the right free speech. United States District Court Judge William J. Zloch agreed and granted the preliminary injunction but with one condition-the display be changed to read "Calvary Chapel says Jesus is the Reason for the Season." This, he said, would avoid the possibility that the Fantasy of Lights viewers would misconstrue the source of the message and would therefore steer clear of any potential Establishment Clause issues.

Although the Establishment Clause prohibits the government from sponsoring or endorsing a religious doctrine, it does not allow government to discriminate against private religious speech. Even without the change in wording required by Judge Zloch, there was little chance anyone would mistake Calvary Chapel's message as that of the County's. Individuals and organizations that sponsor displays are recognized by a sign that identifies the sponsor and is located next to the sponsor's display. The decision of the committee of the Parks and Recreation Division is representative of a mistaken assumption held by many local government officials today-that any religious expression in a public setting, even when there is no government endorsement of the speech, is prohibited by the Establishment Clause. In an effort to correct this mistaken view, the Broward County Parks and Recreation Division is awarded a 2004 Jefferson Muzzle.

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Calvary Chapel is my church. I am absolutely for (and see the wisdom of) a separation of church and state. I do not think that court buildings should have 2-ton 10 Commandments.

However, when this happened, the over-reaction and misinterpretation of the Establishment Clause by Broward County (and just the general silliness of it all) made it clear to me why so many people of faith are so easily led to believe that there is a "secular war" against all Christians.

Food for thought. :-)

[truthspeaker]

1. I disagree. I think the wording change was necessary.

[Sophree]

2. The wording change changes the intent

and meaning of the sentiment for me, though. Christmas is Christmas, not because Calvary Chapel says so.

It's a limit on freedom of expression, IMO.