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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