When does a public school holiday performance cross the line between a student’s First Amendment right to free speech and the First Amendment’s prohibition against government endorsement of religion?

It’s a recurring debate. The U.S. District Court of New Jersey provided additional guidance last week in O.T. vs. Frenchtown Elementary School District Board of Education. In its decision, the court held that the school board violated a student’s First Amendment right to free expression when it refused to allow her to perform the song “Awesome God” in an after-school talent show.

Religious Content The performance of “Awesome God” would not violate the First Amendment’s Establishment Clause, which prohibits school-sponsored speech endorsing religion, the court held. It also rejected the district’s argument that the audience would perceive the song as “public expression” of the school district’s beliefs.

In reaching its decision, the court noted that the school district has allowed students to perform religious-themed songs, such as “God Bless the USA,” “America the Beautiful” and “Jesus Take the Wheel” at its talent shows. In light of the district’s tolerance of religious content, the exclusion of a particular religious song (in this case, “Awesome God”) amounted to unlawful viewpoint discrimination, according to the court.