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Montclair
Anti-Gun Liberals Turn Fanatics Over ANJRPC’s First Amendment Lawsuit
On
October 13, the ANJRPC, Moms for Gun Safety and residents of Montclair
held a press conference to announce a lawsuit against the Montclair
Board of Education and Superintendent of Schools. The suit charges the
school board with violation of the First and Fourteenth Amendments. The
story received broad press coverage including articles in The New York
Times, Star Ledger, Bergen Record and Associated Press papers, and
Channels 7,9, II and 12 evening news, featuring Joan Montenegro .who
organized Moms for Gun Safety, and our key plaintiff John Montinegro. The
Background:
On June 2, the Montclair Department of Instruction approved for
distribution a flyer for a Trenton rally in support of the smart gun
bill sponsored by the Million Moms and Ceasefire NJ. The flyer overtly
supported the legislation and threatened Assembly Speaker Jack Collins
with unemployment if he did not post the bill. The flyer was
unmistakably biased.
However, when Moms for Gun Safety a Montclair group who wanted to
distribute a flyer on the dangers that smart guns pose to children's
safety, requested that their flyer be distributed, it was not approved.
We believe that the Montclair Board of Education stepped over the
line. They used their influence over students to push a particular
political agenda. As ANJRPC attorney Harry Kresky said, "When it
comes to controversial issues such as gun control, abortion, the death
penalty and sexual preference, it is incumbent upon the schools to
remain absolutely neutral. Public schools have an obligation to present
students with both sides of an issue so they can make an informed
decision."
In other words, schools are not supposed to indoctrinate, but
educate. The
Reaction:
The reaction to our case has been interesting. At first, the
Superintendent denied ever seeing either flyer, then he said it was
simply an administrative—a procedural—mistake; then he said the
flyer wasn't really political - it was about safety; and finally he
admitted that they should not have sent the flyer home..
The case got immediate support from several constitutional
lawyers. Deborah Jacobs, head of the NJ ACLU was quoted in the New
York Times as saying: "This is a typical situation where a
school has created a forum for speech, and then discriminated based on
the content of the speech."
Earl Maltz a Rutgers University law professor told the Bergen
Record, "In this case, I think the Board of Education better have
good insurance. They basically forced students to be couriers for a very
heated political issue without letting the other group have their
say."
These groups recognize that the suit is an important First
Amendment case, regardless of their feelings about the Second Amendment. But
Then There's the Montclair Times...
But some anti-gunners will never support the First Amendment if
it has anything to do with firearms.
Taking on the arrogance of Montclair's liberal population is not
easy. They are provocative, lie, and sensationalize. For instance, The Montclair
Times printed an attack on our lawsuit by Jeff Harrell entitled,
"Moms, Guns and Kids Don't Have a Point." Harrell's
article was pure anti-gun hysteria - the lowest level of journalism. He
penned, "The ANJRPC ... That's right, the NRA, ...who walk around
with guns strapped to their camouflage overalls chanting, 'God, guns and
guts made America great' ... [I] picture Moms for Guns Safety members as
hood-wearing ornaments of some redneck's pickup truck."
Harrell then gets more serious, if that's possible, and attempts
to make the argument that the ANJRPC was really trying to circulate a
pro-gun flyer. He says, "Fact is, fliers advocating gun interests
have no place in our school...." Actually, Mr. Harrell - we agree
with you. It wasn't us who circulated flyers advocating gun interests.
It was your friends, the antigunners. That's the point of our lawsuit.
Advocating one political position over another has no place in our
schools. Harrell -
your boss should fire you for incompetence. You should have at least
read our lawsuit. The arrogance of some liberals who think that an
anti-gun agenda is not political because they, the politically correct,
are putting it forth.
Last week, Montclair Times printed a letter from Jessica
G. de Koninck, a former town council member, who made the paranoid claim
that the NRA targeted Montclair because Montclair is honoring Senator
Frank Lautenberg. Sorry, Jessica, but the NRA did not initiate or fund
this suit, not that we wouldn't welcome their support. And despite your
veiled attempt at a conspiracy theory, this case is about the First
Amendment, not
Frank Lautenberg.
Some liberals simply don't want to admit that they could be
wrong. The Montclair lawsuit is very simple. It's about defending the
Constitution, and not about political correctness. Nancy Ross
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Last modified: 09/30/05