Christian Students Happy at Winning Case in Westfield High

By Geraldine Hawkins
March 26, 2003

"The kids are just ecstatic," Atty. Matthew Staver told MassNews after a federal judge ordered the Westfield schools to remove a suspension on the students for sharing their Christian faith on school grounds. "It took a big burden off them," the lawyer said.

U.S. District Court Judge Frank Freedman wrote in his decision that the Westfield School District trampled on the students' First Amendment rights, and the school's policies were likely to be found unconstitutional. The Judge held that the student actions were protected by the Free Speech Clause and did not violate the Establishment Clause.

"This decision will have a much broader impact than just what goes on in Massachusetts," says Atty. Staver. "The Judge's decision is very well-written and will be used as a model and a basis for future decisions. This is a decision with far-reaching implications and impact. It is a resounding victory for religious expression, and it will be cited around the country in cases involving religious expression."

Attorney Staver says that the Department of Justice saw this as an important case, and that fact must have "rocked the school back on its heels."

The victory was especially true for Paul Sitler, whose ambition is to receive an appointment to the U.S. Air Force Academy, but whose chances would have been greatly diminished by a mark on his record for insubordination.

"I had a feeling this was going to go our way," student Dustin Cooper tells MassNews. "The Judge seemed like he was on our side in court."

Dustin was "a bit" nervous about his decision to defy the edict of the school, but "I decided the message of Jesus was more important," he explains. "I've been fairly calm for the most part."

Dustin may have been in trouble with the school, but not with his parents, who remain proud of his stand.

"My father even offered to frame the suspension notice," he says.

Freshman Timothy Souza was also fairly sure towards the end that there was no need to worry. "From what we heard in court, from the evidence given, I wasn't really worried," Tim tells MassNews. "I was a little at the beginning, but it turned out to be good."

Has there been an apology from Thomas Dailey, the principal, or from Thomas Y. McDowell, the superintendent?

"No, I don't think that will happen," says Dustin Cooper.

"We're hoping for that. Certainly, these kids were put on the spot," says Atty. Staver, who sees a delicious irony in the fact that Paul Sitler, who won the school's science competition, will receive the forced praise of the man who wanted to suspend him and failed to do so.

"The principal will have to publicly acknowledge Paul, this boy he tried to 'discipline,'" Atty. Staver says, laughing.

"It's like the book of Esther, when Haman is ordered to lead Mordecai through the kingdom. I commend the students for standing up in the face of adversity. They put their necks out on the line and they were successful. Not many people have that kind of courage. They've learned a lot about the Constitution and what it means to stand up for their faith."

Celebrating Christmas with Candy Canes

To mark the Christmas season last year, the students passed out candy canes at their school with a message attached explaining that the candy cane was invented by a candy maker who wanted to witness for Christ (the colors red and white symbolize the blood and purity of Jesus). The students invited others to a Bible study.

The students were denied permission to distribute the religious literature with the candy canes by the Principal and Superintendent on grounds that the message might be "offensive" to others. They were threatened with suspension if they disobeyed. (See "What's Behind Violation of Christian Rights at Westfield High School?" MassNews, March 2003) After much soul-searching, the students decided to risk disciplinary action and to seek legal advice from Liberty Counsel, a civil liberties legal defense and education organization headquartered in Florida.

When the principal followed through on his threat, the attorney filed a federal lawsuit against the school claiming that its denial of a request to distribute religious literature was in violation of their right of free speech.

After months of painful suspense, Judge Freedman quickly issued an injunction against the school district on March 17.

Liberty Counsel can be found at www.lc.org