Christian Legal Society Discussion Response

LSTD 510 APUS Week 7 Christian Legal Society Discussion Response

LSTD 510

American Public University System

LSTD

Question Description

 

500 words total, 2 citations total. 250 words and 1 citation per numbered paragraph below:

1)

Hastings College of Law encompasses acknowledgment to student groups through its “Registered Student Organization” (RSO) program. Benefits of being a RSO program include being able to use school facilities, school funds, and even being able to use the name and logo of the school. There are certain stipulations that must be observed in order to be recognized as a RSO. Those stipulations entail to comply with Nondiscrimination policies which include sexual orientation and religion. In order to receive this status RSO’s has to accept and allow any student to participate, regardless of their status or beliefs. In the 2004-2005 school year an standing Christian RSO formed petitioner Christian Legal Society (CLS) by associating with a nationwide Christian association that grants student chapters at law schools all over the nation. This certain chapter necessitates all members and officers to sign a statement of faith agreement. In that agreement they agree to conduct their lives in a Christian manner and prearranged principles. Some of those principles entail no sex outside of marriage and no one can engage in homosexual conduct or hold any type of differences in the statement of faith that they agreed to sign (Christian Legal Soc. Chapter of Univ. of Cal., Hastings College of Law v. Martinez, 561 U.S. 661 (2010), n.d.).

Hastings College of Law denied the Christian Legal study application to be a RSO program due to their bylaws not lining up with the nondiscrimination policy because certain students were omitted based on their sexual orientation and religion. When this occurred the CLS filed a lawsuit against Hasting College of Law stating that the refusal to be recognized as a RSO violated the organizations First Amendment rights of Freedom of speech and their fourteenth amendment rights of expression association and free to exercise religion. The District Court agreed with Hastings College of Law and dismissed the case. On an appeal the United State Court of Appeals for the 9th Circuit affirmed. They held that the school’s conditions for RSO’s were neutral. They stated that the schools did not violate the CLS’s rights of the First Amendment (Christian Legal Society Chapter v. Martinez, n.d.).

2)

A federal lawsuit was filed by Michael Brown a former college student at Jones College in Mississippi and the campus group Young Americans for Liberty regarding the college’s policies requiring campus administrators to approve all “meetings or gatherings.” Brown stated that campus police was called on him, while on campus due to him trying to involve with other students on campus about freedom of speech and civil liberties. The Justice Department agreed that public colleges cannot prohibit students’ rights of free speech (Ciurczak & Gates, 2019).

According to the Jones College handbook, all students are to get prior approval for any type of meetings and gathering 72 hours before. It states that no exceptions are allowed. The handbook states if you violate these rules then you can be expelled (Ciurczak & Gates, 2019).

The U.S. Attorney for the Sothern District in Mississippi, stated that it was wrong to place unconstitutional restrictions on freedom of speech and by doing this threatens our liberty as Americans. He also stated that he prayed that Jones College would do the right thing and change those policies to conform to the Constitution and the First Amendment (Ciurczak & Gates, 2019).

I do not think the school handled that correctly. People should not have to schedule a meeting or a gathering in order to voice their thoughts and opinions I believe anyone should be able to speech freely as long as it does cause any type of violence or physical harm.

References

Christian Legal Soc. Chapter of Univ. of Cal., Hastings College of Law v. Martinez, 561 U.S. 661 (2010). (n.d.). Justia Law. https://supreme.justia.com/cases/federal/us/561/66…

Christian Legal Society Chapter v. Martinez. (n.d.). Oyez. https://www.oyez.org/cases/2009/08-1371

Ciurczak, E., & Gates, J. (2019). JCJC got sued for its free speech policy. Hattiesburg American. https://www.hattiesburgamerican.com/story/news/pol…