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By Rosemary Pollock
LDS Drama Student Loses Profanity Case
SALT LAKE CITY, UTAH -- A court room drama ended Friday when U.S.
Distric Judge Tena Campbell ruled to dismiss a lawsuit by University
of Utah student, Christina Axson-Flynn, who claimed her rights were
violated when she received a drama assignment that included reciting
a script that contained profane language. The use of profane language
was required only as an academic exercise and the curriculum did not
take a position on religion according to the Judge Campbell's ruling.
Assistant Utah attorney general, Alain Balmanno, applauded the
decision. "The bottom line is you can't have a society in which
everything you disagree with is in violation of your constitutional
rights," he said. "This is a recognition that we have a system in
place where people go to a university in order to learn things with
which they may not be familiar or comfortable."
Axson-Flynn argued her rights were violated because her religious
beliefs, those of The Church of Jesus Christ of Latter-day Saints,
prohibit the use of certain words. James McConkie, Axson-Flynn's
attorney, said he would appeal the ruling. "The law can be changed
favorably in the direction of freedom of expression," McConkie said.
Yet, U of U attorney, Balmanno, said that an appeal is expected while
calling Friday's ruling "very sound and well-crafted." "We have no
reason to believe that Judge Campbell will be overturned."
Axson-Flynn could not be located for comment late Friday. She dropped
out of the drama course after the first semester after she told
associate professor, Sandy Shotwell, that she would rather withdraw
from the program than use profanity. Shotwell required Axson-Flynn to
explain her decision to the class. Axson-Flynn was later told by
adjunct professor, Barbara Smith, that she would allow her to omit
the offensive language and still get credit for the assignment. As
roles arose with offensive language, Axson-Flynn said she omitted the
inapporopriate language or found substitutes. But in December, 1998,
in a review session with some faculty members, Axson-Flynn was told
she could no longer be accomodated. Later, she dropped out of the
university.
Attorney Steffen Johnson, an expert of First Amendment issues who was
brought in to help represent Axson-Flynn, said the case isn't about
academic freedom. He argued that his client should not lose her
constitutional rights to freedom of speech and religion when she
enters the classroom.
Sources:
Judge tosses suit over profanity
Evansville IN Courier &Press (AP) 5Aug01 P2
By Catherine S. Blake: Associated Press Writer
Judge rejects U. theater student's bias lawsuit
Deseret News 4Aug01 P2
By Maria Titze
Deseret News staff writer
U. drama student's bias suit rejected
Deseret News 4Aug01 P2
By Maria Titze
Deseret News staff writer
See also:
Judge Throws Out U of U Anti-Mormon Discrimination Claims
Is the University of Utah Anti-Mormon?
National Attention to LDS Actress' Profanity Objections Continues
Mormon Actress' Suit Gets National Attention
Mormon Actress Is Suing U.
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