The Daily Signal - Mom Files Lawsuit After Teacher Tells Third Grader She Can’t Wear ‘Jesus Loves Me’ Mask
Episode Date: July 26, 2021Mississippi mother Jennifer Booth was surprised when her 9-year-old daughter Lydia Booth came home from school and told her that she was not allowed to wear her “Jesus Loves Me” face mask anymore.... Thinking her daughter’s teacher might simply have been having a bad day, Booth sent Lydia back to school with her mask. Again, the third grader was told she was not allowed to wear the mask at school. "The principal calls me and she's like, 'We're going to have to have Lydia swap her mask out,'" Booth recounts, adding that the principal said it was against school policy "to have religious symbols or gestures on her mask." But upon inspecting the school handbook with the principal, Booth says, the only policy the principal could point to referred to "drug culture, profanity, [and] obscenities." Booth continued to contact leaders of the Simpson County School District asking for an explanation and was eventually sent the district’s COVID-19 policy. But after a little investigation, Booth discovered that the policy she received had been modified less than an hour before it was emailed to her to include language barring student’s from wearing masks expressing religious views. Booth has filed a lawsuit against the school district with Alliance Defending Freedom, a Christian legal organization. The mom says she chose to take legal action to protect her "kids, my grandkids, and everybody else's kids, because this year is the mask, next year is the T-shirt, eventually you can't say Jesus's name in school." Booth and Alliance Defending Freedom lawyer Tyson Langhofer join "The Daily Signal Podcast" to tell this story and discuss why they are taking a stand for religious liberty in Mississippi. Also on today’s show, we read your letters to the editor and share a good news story about a father and son who used their knowledge of the sea to find and rescue a man overboard off the coast of North Carolina. Enjoy the show! Hosted on Acast. See acast.com/privacy for more information. Learn more about your ad choices. Visit megaphone.fm/adchoices
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This is the Daily Signal podcast for Monday, July 26th. I'm Doug Blair.
And I'm Virginia Allen. Mississippi mother, Jennifer Booth, was concerned when her nine-year-old came home from school and told her that she was not allowed to wear her face mask at school that read, Jesus loves me.
The mother contacted the school, but did not receive a clear answer as to why her daughter was not allowed to wear the mask expressing her faith.
Jennifer and Alliance Defending Freedom Attorney Tyson Langhofer
join me today on the show to discuss why they chose to take legal action to stand up for religious freedom.
We also read your letters to the editor and share a good news story about a father and son who used their knowledge of the sea
to find and rescue a man overboard off the coast of North Carolina.
Before we get to today's show, Doug and I want to tell you about the best job placement program for conservatives,
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Now stay tuned for today's show coming up next.
I am so pleased to welcome to the show Mississippi mother, Jennifer Booth, as well as Alliance Defending Freedom Attorney Tyson Langhofer.
Thank you all so much for being here.
And thank you for having us.
Yeah, I'm so glad to be here.
All right.
So Jennifer, let's start with you.
This story that we're sharing today centers around the topic of religious freedom and expression, freedom of speech, and it all started, interestingly enough, with a face mask.
that read Jesus loves me. So let's dive right in and share a little bit about your daughter. Your
daughter's nine years old. Is that right? Yes, she's nine years old. So tell us a little bit about
her and where she goes to school and share a little bit about your community, if you will.
All right. She's nine years old. She's going to fourth grade this year. She's a rural follower.
She was class favorite one year, and the superintendent scholar, straight A student.
In fact, when all this happened, she was at that same day she had received student of the month.
So, I mean, she's a really good student.
We live in a small community in Brax, Mississippi, really small, like 200, you know,
I mean, it's not, I don't even think it's actually considered a city.
I think it's considered like a town or a village because of how small it is.
Everybody knows everybody.
Everybody knows their grandma, where you grew up, they know where you live, you know.
So really small, tight-knit community in our area.
So Lydia's your oldest, that's right?
She's actually the middle child.
I have a 17-year-old who's a senior this year in high school,
and I have a six-year-old.
son who is a first grader this year. Oh, that's so fun. So Lydia was getting ready to go back to school
and during the pandemic, of course, when kids were going back, they had to wear face masks. And so,
you know, you were talking with Lydia about this and she decided that she wanted a very special
face mask. Tell us about that. Yeah, well, it was already kind of, you know, bad that they were
going to have to wear masks to begin with, you know, it kind of takes away the personal experience.
with their friends and they were going to have the distance.
So I wanted to get on a special mass made, you know, however they wanted it, like pick out
your colors, what kind of designs do you want?
And Lydia, she wanted something with Jesus on it, you know.
So we were thinking about different things to put on there.
And I was like, well, about Jesus loves me.
And she was like, yes, that's perfect, you know.
So one of our good friends, she made it for her.
And that's where we got it from was.
that's so great so she she gets the mask it reads jesus loves me i've seen a picture of it it's a black
mask and in pink letters that jesus loves me um so she actually wore the mask to school for a little
while before there was any issues right yes she had wore it for two or three months prior
without any issue and then all of a sudden one day a computer lab teacher she was like you can't
wear that. And she's like, you could, it has words on it. She said, you can't wear that. And Lydia
got in the car that evening. And she said, Mama, she said, I can't wear this mask because of the
words on it. And I was like, no. I was like, there's no way. I was like, because I see teachers and
children alike wearing words on their masks, you know, of all kinds. So I was like, there's no way
that you can't wear this. So I kind of, you know, reached out to some friends, text them,
text some people that actually work at the school
and trying to see, you know, if there was any, you know, thing to this.
And anyways, they didn't ever hear of that rule either.
So I sent her back with it thinking maybe the Jesus was just kind of hitting a nerve or something
with that teacher that day, you know.
I was like, well, maybe she was a little convicted, you know.
Yeah.
So this is a public school, but still, you know, under,
under our free speech, freedom of religion, students, even in public schools, are still allowed
to express their faith. So Tyson Langhofer, you're an attorney with Alliance Defending Freedom.
You're involved in this case. So share just a little bit from that perspective, you know,
the rights that students have, even in public schools, to still have that free expression.
Sure. So the Supreme Court's made very clear on a number of occasions that students and teachers
don't shed their constitutional freedoms when they cross the schoolhouse gates.
And that's very clear.
Now, obviously, there are certain types of rules when you're in a school setting that, you know,
students aren't allowed to stand on their desk and scream to disrupt, you know, the educational process.
But if the school allows individuals to express themselves through, you know, words on their shirts
or words on their masks or other types of communication messages.
messages, they cannot discriminate against religious speech if they allow others to express
secular messages in similar manners. Thank you. All right. So Jennifer, let's get back to your story
a little bit. Your daughter Lydia's story. So she wears the mask that says Jesus loves me to school.
One of the teachers, after wearing it for several months, says you can't wear that. Your assumption is
that teacher must have been having a bad day. I'm going to send my daughter back to school with that mask.
So Lydia goes back to school with the mask.
What happens next?
That morning, the principal calls me, and she's like, we're going to have to have Lydia swap her mask out.
And she said, it is against our policy for her to have religious symbols or gestures on her mask.
And I was like, really?
I was like, you're going to need to show me that in your handbook because I've looked through it.
I've looked through everything.
I was like, and I don't see it.
So we literally go hand-in-hand through the handbook, and she's like, I know it's in here somewhere.
And she's flipping through, and she gets to the dress code, which you would assume, you know, would be the policy.
So the only thing she can point me to is like the drug culture, profanity, you know, obscenities.
And I was like, I'm sorry, but Jesus isn't in these categories, and you're going to have to give me a solid policy.
know, you can't just decide you're going to censor Lydia.
So she was like, well, I'm going to get back with the district office because I know it's in there.
All right.
So I continue.
I'm really upset.
I'm calling my husband.
He's making some phone calls, you know, and I'm digging even deeper into the policies.
And I'm looking through emails.
I'm like, there's no way that this is happening.
You know, you're just in shock because we're in the Bible belt.
You know, you're just not something you expect.
I mean, you see it on media, but you're like, that ain't ever going to happen here, you know, not here.
Yeah.
So I actually see the quite opposite in their own handbook where they recognize the 2016 Mississippi Student Religious Freedom Act,
which is our state level law that protects students' freedom of speech as far as expressing their religious view and their work.
or anything, you know, as long as they're not being, you know, disruptive about it.
And then on the very next page they have where they recognize the students for freedom of speech.
So here in their policy, they have the recognition of their state law and the federal law that's protecting her.
And so I email them and I email the principal and the superintendent.
and then I see-see her teacher, her main teacher, just to kind of keep her in the loop.
And I'm just like, hey, y'all need to give her mask back.
And you need to apologize because she didn't do anything wrong in this case, you know.
And she, the principal emails back.
She's like, I'm forwarding this to district office.
I'm like, well, district office was already on there, but okay.
You know, so pick up Lydia and she is still in the replacement.
mask. She has a black mask
with a panda bear on it, you know, and I'm
sitting here thinking, well, that could be offensive
because isn't it from China?
You know,
but anyways, you know,
so the next day was a virtual day
for us and, you know,
complete silence from the school, never heard
back from the district office, never heard back
from the principal. And so
I was recommended to reach out to
the assistant superintendent at that time.
And so I shot him at email.
That way I could have my clearer thoughts, you know, all lined up.
And I just kind of asked him, you know, y'all are saying my child wasn't singled out,
but how often do your administrators go hunting down a nine-year-old looking for a specific room,
a specific child with a specific mask that says Jesus loves me on it?
You know, I was like, that's pretty singled out to me, you know.
And I told them how they were directly violating her rights and that they,
actually shown that they recognized those rights and that policy.
And there was nothing that said that she couldn't have words on her mask.
And there was nothing that said that she couldn't have religious things on her mask.
Even if it was, it would be a problem.
But it was something you would have recognized, you know, like, what is this?
I've never heard of this.
But anyways, he calls me.
And he admits to me on that phone call that it was not in the handbook and it was not policy.
and I'm like, duh, I know this.
You know, at this point I'm thinking I might know it a little bit better than they do.
But he tells me that it's in the restart plan, which was some COVID measures that were sent out at the beginning of the school year to kind of tell us, you know, lay out the bus plan, you know, where they would be wearing masks and how often and the social distance and just how everything would work and the schedules.
So he said, you know, it was on the district page, but it was no longer up there.
So he was going to email me a copy.
I was like, okay.
So he mails me a copy of the restart plan.
The restart plan, when I scroll down to the mask area,
it has verbiage for no political, religious, obscenities,
sexual gestures or words on the mask.
And I was like, there's no way that I miss this, you know.
Especially with the year with COVID, you know, you're paying a little space.
extra special attention to the masking because I wanted to know, you know, how often they were going to be wearing it and where they going to get breaks and different things like that.
And I was like, there's no way.
And I really felt like God was just like, Jennifer, there's more to this.
And he wanted me to look into, he was like, let's see if the document that he said that was originally posted is still archived on the district site.
So, you know, sometimes when you take something down, like the person that's controlling the website will kind of put it not on the forefront, but it'll still be there.
Yeah.
So when I looked, it was there.
And so I pulled it up, and I'm looking at the one that he sent me, and the one that was originally posted at the beginning of the school year, and I scroll down, and that verbiage isn't there.
So I'm like, what?
You know, I was like, I knew I didn't see it, but this is, this is crazy.
Like, why is that there now, you know?
You're looking at these documents and they're two different documents.
Two different, yeah.
And that was the only difference was the verbiage about the type of mask that they could wear.
And then God's like, okay, there's more to this, Jennifer.
And at that point, I was like, you know, there's,
that's associated to a document when you create it, when you modify it, and when you send it to somebody.
And so I actually make my living in IT for a local hospital.
And so we kind of think of things a little different.
It's really easy to get, but people don't think about it.
You know, so I went and I looked at the metadata for the document that he had sent me.
And what it tells you is it tells you the application they use.
He used PowerPoint 2016.
His license was tied to his name, so it had his name on there, and then it showed the date and the time that he had modified it, which was 30 minutes before he called me.
So if you can imagine the devastation that you're like, what kind of links would these people go to?
You know, in this situation, it's insane to think, you know.
Yeah, that's a lot of shock in that moment of they are going to great.
lengths. So what was running through your head in that moment when you realized they actually
modified this document, it appears like they modify this document specifically just to send it to
me so that they could get themselves maybe out of hot water? Yeah, and it's really just devastating
and you're thinking, okay, these people are in charge of my child. They are supposed to be
protecting my child whenever I can't be there.
There should be role models, and here they are.
You know, not only are they violating the rights that they're supposed to be teaching her at the school,
but there's a complete lack of integrity.
They're not taking responsibility and showing my child the way that an adult should act,
you know, in the way that I expect my children to act, you know.
So it's, I have a million things go there.
head. I'm like, okay, Lord, what else do you have? You know, I'm like, do I need to take my kid out of
school and homeschool them? You know, because now I'm worried if they will go to that extent,
what else will they do? You know, is my child safe? Are they going to retaliate against my child now,
you know? And I went to church that night crying, you know, because it was Wednesday night,
and I was telling my church family about it, and my pastor was like, hold on a minute. So he texts
our local southern Baptist Association
is a group of pastors and leaders in the church
and one of them actually suggested that I contact ADF
and prayed about it
I didn't do it immediately I prayed about it
and me and my husband discussed it you know through the night
and then we put in the request the next day
or maybe even been the day prior after that but
yeah thank you
so much for sharing with us. Really, really appreciate that. So Tyson, I want to pull you in here.
So you work with Alliance Defending Freedom, Christian Legal Group, you all represent all sorts of
individuals around freedom of speech, religious freedom. So talk a little bit about, you know,
when you heard Jennifer's story and kind of how the process decided of, okay, we actually do need
to take legal action here. Yeah, well, the most surprising thing about Jennifer's story to me,
and the sad thing is that not only did they not have a policy, they'd modified the policy to,
or purported to modify the policy to address that situation.
But the sad thing is that this school official actually thought that was going to make it better.
It didn't make it better.
It made it worse.
Why did it make it worse?
Because they targeted political and religious speech.
And if you know anything about the First Amendment at all right,
all, you know that the worst thing you can do as a government official is to target certain
content of certain speech, the viewpoint of certain speech. And so what it tells you is there's
a lack of understanding and our government officials about what our fundamental rights are.
The fundamental rights protected by the First Amendment, the right to engage in the free exercise
of religion, the right to engage in free speech, and the right to prohibit the government
from telling you what you can and can't say on a specific topic.
So that's what's the most concerning is that they went to those links thinking,
oh, make this better, I'll just modify this policy, you know,
and they modify it to make it worse.
And, you know, what's sad, as Jennifer said,
is these are the individuals that are supposed to teach our next generation.
The Supreme Court just issued an opinion last, this term,
on a topic of a high school speech.
And the majority opinion said this.
Our schools are the nurseries of democracy.
If our representative democracy does not protect the marketplace of ideas,
it will cease to function.
So what they're teaching, you know,
the next generation like Lydia,
is that the government has the right to censor your speech
if they don't like it or if other people are uncomfortable with it.
That's the wrong message that we're supposed to be sending.
And so when I heard that message, I mean, whenever I hear these, I mean, I get a lot of inquiries.
I'm like, well, that can't be the case.
Like, seriously, are we really, you know, is that really what's happened?
But I reviewed all the information, and Jennifer was absolutely right.
You know, they not only had this policy in writing, but they had modified it to do that.
And they had targeted specifically Lydia.
And, you know, so we gave them the opportunity and said like, hey, do you want to back down?
And they didn't back down, unfortunately.
you know, and so we had to file a lawsuit. And after we filed the lawsuit, you know, they, they finally said, okay, Lydia can wear the masks, you know, to school and we'll remove, you know, this prohibition on religious and political speech. But they haven't acknowledged that what they did to Lydia was wrong. And so they're continuing to send this message to the students that what the school did was right and what Lydia did was wrong. And that's not right. And that's why we continue to fight. Because,
We want to show Lydia that this is the right thing to do, that she stood up and she was right
and that the government protects those rights.
Yeah.
So share a little bit about where the lawsuit stands right now and ultimately what is that end
objective.
Yeah, so the end objective, again, they've modified the policy and they've allowed Lydia
to wear the mask.
So that's great.
But what they haven't done is they've not acknowledged that what Lydia did or what they
did to Lydia was wrong.
And so we're waiting.
We essentially asked them, we wanted to settle and then have them to acknowledge that, but they haven't.
And so we're proceeding with the court, with the lawsuit.
We are waiting on the judge to rule on a motion.
And if that motion's ruled in our favor, then we'll proceed with the lawsuit.
Okay.
Great.
So Jennifer, obviously, there's no small thing to decide, okay, I'm going to stand up.
I'm going to make my voice heard.
and I'm going to take a really bold step here for religious freedom, for religious speech.
Why did you decide, okay, it's worth whatever costs may come for me to kind of put a stake in the ground here?
And, you know, anytime you engage in a lawsuit, you're bringing your whole family with you.
That's a big decision.
Why did you decide to make that choice?
one because of the conviction that I'd had had
God pretty much aligned everything
I'm sorry I might get emotional
I always do
but
not only did he give it
everything
but he I mean he gave us our lawyers
and
he
if I wouldn't have
kept going with
this and stood with Lydia not only the long-term repercussions that she could have because
here we are. We're Christians and then I allow somebody to do something like that to her.
What does that do to her faith as an adult? I don't know if you realize, but, you know,
a lot of atheists. We were Christians or grew up in Christians.
in homes and experience something like that initially.
So not only for that, but to protect her and my other kids and my grandkids and everybody
else's kids, you know, because this year is the mask.
Next year is the T-shirt.
And eventually you can't say Jesus' name in the school.
And that's exactly what we're going to.
called to do as Christians to share the gospel. And if we can't do that, you know, what do we have?
And if you think back when prayer was taken out of school, it took one person. And if everybody
would have stood up against that one person, where would our school systems be today?
Because I don't know about y'all, but whenever I was growing up, we had devotion and prayer every
morning and we said the pledge and look how fast our school systems have just deteriorated over time
you know no respect for country and for our freedoms and no respect for God if you look in the
media I mean so I want them to know that they're going to have to do the same thing and
we have to fight for what all of our ancestors fault for us to so hard for us to have
Wow. Thank you, Jennifer, for sharing that.
I'm sorry. No, don't apologize. You're crying. It's really, really beautiful.
It's really beautiful to see a mom that is so, is thinking in the way that you're thinking,
that is thinking about your kid's future, that's thinking about your grandchildren,
and what are we leaving them? What is the country that we want them to inherit,
and how are we modeling freedom to them?
What does that look like?
That's a really, really big deal.
How has this journey affected your family
and even your relationship with Lydia?
It's really been a roller coaster of emotions
because, you know, it's really not easy.
You know, it's really stressful, you know,
to have to deal with all.
the things, you know, like having to talk to media and then you get, you know, you have the little
negative nancy's, you know, like I've read some comments, you know, where, oh, that was really
blown out of proportion and I was like, yeah, the school blew it out of proportion, you know,
I'm like, she had a positive message and they went after her, she didn't go after anybody,
you know.
and just stuff like that and then but it all becomes worth it because, you know, amongst that,
we've had a lot of love and support from our community and from really across the nation.
We've had thousands of letters and I've read comments, you know, on her story, like with the
unmasked article, you know, where an atheist was like, hey, you know, I don't believe in God, but he was like,
I can back Lydia up because she has the right to do this.
And I'm sitting here thinking, you know, that might be the only piece of God that he ever
reads about or experiences.
And if that plants a seed, then it was worth all of it.
And my family, you know, they're all, you know, just an amazement of how God took censorship.
of her on a school level and to the magnitude that he's used to and put his name everywhere now.
You know, it went from that little bit.
And, you know, he just takes it and just runs with it.
And you're just like, whoa, didn't expect it.
And it's just amazing to see him work like that.
Yeah.
That's encouraging.
The Lord's good at doing that, taking small things.
He does.
Does it?
Wow.
So Tyson, are you optimistic about, you know, this case and where it's headed?
And talk a little bit about, you know, why is this case so critical to, you know, not just what's happening, you know, at Lydia's school, but really across the nation?
I am optimistic about the case.
The law is strong, as Jennifer indicated, not only do we have the First Amendment, but Mississippi has a really strong law that protects.
students' religious speech on campus, and it's actually mentioned in their policy. So we're right
on the law, and I'm confident that we're going to win that case. But it's important not because
of the principle, because that principle is there, but the issue that's important is we have to have
individuals like Lydia that are willing to speak the truth, regardless of the consequences. We have to
people like Jennifer, who's as a parent of Lydia and says, I'm going to stand for this. We're going to
protect this freedom. This freedom is vital to who we are as Americans, and we must protect it,
and we must stand up for the rights not only for what we believe, but for everybody to express
those beliefs. This is a universal belief that should not be controversial to allow a little girl
to wear Jesus loves me on her mask, and we should support the people that want to wear contrary
messages on their masks, because that's what makes us America, America and Americans and the rights
that we have and we have to stand up for those rights. Every generation has to fight for those
rights. Absolutely. Jennifer Tyson, thank you both so much your time. We really, really appreciate it.
And Jennifer, to you and Lydia and your whole family, thank you for being willing to stand up
and really put a stake in the ground on this issue. Yes. Thank you.
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his backtrack. The Sherman's went on to find a pair of floating shoes 30 minutes into their search
and eventually noticed distance splashing an additional 30 minutes later. The missing captain,
Sasha Scheller, who Jack estimated waited alone in water for upwards of two and a half hours,
was understandably thankful when rescued by the Sherman's. For me, I was kind of able to fall back
on super stress-induced methods of thinking, Jack explained when asked how he
kept his cool throughout the mission. Sasha took to Facebook the following day, stressing the potential
dangers the ocean poses even to experience fishermen like himself. He hopes his story will prevent
future offshore fishing mishaps. Both Sasha and the Shermans were thankful for the successful
rescue mission that day, as well as their newfound serendipitous friendship. And we here at Daily
Signal are continually thankful for our future military leaders who apply their skills
in real world situations to help those in need.
Bernadette, thank you so much for sharing that encouraging and heartwarming story.
We really appreciate that.
We're going to leave it there for today.
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