rluipa : blaineamendments : lankaliberty : freepreach   

DiLoreto v. Sussman

The Becket Fund filed an amicus brief supporting Edward DiLoreto, a California resident who rented billboard space at a local public high school playing field. His message was rejected by the school district because of its religious content--instead of a commercial advertisement for his business, he chose to put the Ten Commandments on the sign.

DiLoreto filed suit in state and federal court challenging the school districts censorship of his sign. We filed an amicus brief supporting his position in the Ninth Circuit federal Court of Appeals, arguing that excluding a class of speakers from a forum because of the religious nature of the message constitutes impermissible viewpoint-based discrimination.

Unfortunately, the state court upheld a decision against the Plaintiff, stating that the school district was justified in discriminating against DiLoreto, since such private speech would violate the establishment clause. See the opinion below. The court reasoned that "Even were the rejection of his sign considered to be an imposition on his free exercise rights, the state has a compelling interest in acting in accordance with establishment clause strictures."

UPDATE: On November 8, 1999, the Ninth Circuit unfortunately ruled against Mr. DiLoreto holding that such content-based discrimination against religious speech did not violate the Constitution.

DiLoreto v. Sussman, No 98-56762 (9th Cir.).

DiLoreto v. Board of Education, No. B127050 [This Link takes you to a LexisNexis search of the California Courts website.  LexisNexis requires a subscription.  When prompted, search for the case No. B127050]

Printer-Friendly | Send to a Friend
Recent Posts from the Becket Fund International Religious Freedom News Blog
Further Reading: Iranian Government Prohibits New Year Celebration
Israel: Knesset Passes Limited Civil Union Bill
Switzerland: Muslim Groups Seek Separate Cemeteries
Ireland: Government to Hold Referendum on Blasphemy Law
Morocco: Government Deports Foreign Nationals For Proselytizing
THE ISSUES
Newsletters
International
Property Rights
Schools
Prisons
Employment
Associations
Public Square
PHOTOS
The Becket Fund for Religious Liberty
3000 K St. NW, Suite 220, Washington, D.C. 20007
phone: 202.955.0095 · fax: 202.955.0090