Freedom of Speech vs. Freedom of Religion

[Kheldarson]

This came up via a Facebook post by my cousin.

http://www.wsaz.com/news/headlines/C...185946042.html

Basically, a school district was sued for having a portrait of Jesus hanging in the halls of its middle/high school (it's been in both buildings throughout the years) by the ACLU and the Wisconsin chapter of the Freedom from Religion group, apparently on the behalf of some parents and students. The district claimed that the portrait was technically the property of a school club that had donated the portrait to the school, therefore it would be a violation of that club's freedom of speech.

The school decided to settle out of court since they've been having budget cuts anyway and fighting in court would be too costly in terms of providing quality education.

So here's my question: What would outweigh the other in this case: freedom of speech or freedom of religion? Assuming, of course, that the school was correct in saying it would be a violation of freedom of speech. And if they weren't would there ever be a case where one would come up over the other?

[Andara Bledin]

Federally funded locations have restrictions on anything that appears to support any religion over another or over none at all.

The school could have requested that other such displays be donated so that they could fulfill the requirement that no one religion be promoted over others and they could then have kept the portrait.

Without such a balance, however, the First Amendment Separation clause trumps the Speech clause, particularly as to the fact that it isn't stopping the donators of the portrait from speaking, only limiting them, and everybody else from using publicly owned/funded property to do so.

[s_stabeler]

in this case, it's not a freedom of speech issue, especially as I'm 99% sure the story about the club is bullshit. The only time I can see it being acceptable to display something like that is if it was painted by a student, and the display was of student artwork. Or if it is the Religious Education classroom, and you have displays of things tied to major religions on the walls.

[Hyena Dandy]

There's also no requirement that a school, the school must display everything a club has. The school club has every right to paint a portrait of Jesus, but that doesn't require the school to display it.

This isn't a Freedom of Speech issue, though. The school club has every right to paint a portrait of Jesus every day of the week, and put them pretty much anywhere they want, as long as they're allowed to. School property is not one of those places. If it was off school property, then perhaps it could be a freedom of speech issue. It's not off school property - Thus, not freedom of speech.