More than 40 Republican members of Congress sent a letter to Smithsonian Institution Secretary Lonnie Bunch demanding answers as to why staff at the National Air and Space Museum (NASM) attacked and ejected students from the facility for wearing hats emblazoned with the word pro-life.
The letter was sent a day after the American Center for Law & Justice (ACLJ) filed a lawsuit on behalf of nine students and three parents alleging that the students were "unlawfully targeted for their religious pro-life views" on Jan. 20, 2023.
Final Smithsonian Pro Life Incident Letter
The First Amendment "does not apply here"
The lawsuit was filed in U.S. District Court for the District of Columbia and alleges that some of the students from Our Lady of the Rosary School in South Carolina went to the museum after attending the 50th annual March for Life. They wore hats with the words "Rosary Pro-Life" on them.
While on the museum premises, the staff treated them in a discriminatory manner. The staff taunted them, insulted them and told them that their hats were "political statements" and that they were "not promoting equality." In addition, they were also told that the museum was a "neutral zone" and that the First Amendment "does not apply here" before finally forcing them to leave the center.
The lawsuit also pointed out that other museum visitors wore hats and masks, some of which had rainbow graphics that read "Pride," and they were not ejected or taunted by the center's workers.
Complaint, L. v. NASM Redacted
The students accused the Smithsonian of violating their First and Fifth Amendment rights, as well as the Religious Freedom Restoration Act (RFRA). The attorneys are accusing the defendants of "unlawfully targeting Plaintiff, for disparate treatment and particular scrutiny based on content and viewpoint or association." The lawsuit also requests that museum employees receive "appropriate training" to ensure that their "conduct complies with federal law and the United States Constitution."
Guaranteeing First Amendment rights
The legislators expressed in the letter that they "are unaware of any laws, rules, or regulations prohibiting membersof the public from wearing pro-life hats inside Smithsonian office buildings." In addition, "There is a large body of jurisprudence reinforcing citizens’ First Amendment rights on public property."
As a federal entity and the recipient of more than $1 billion in federal funds every year, there should be no debate as to whether the First Amendment applies to the Smithsonian. We are deeply concerned about this unjust expulsion of young Americans from museums — subsidized with taxpayer dollars — for wearing apparel that your staff disagreed with.
Lawmakers made Secretary Bunch a series of requests regarding the incident. Among them, they ask him to "provide the names of Smithsonian employees whose conduct is in question" and also ask, "What efforts have you taken to ensure that the First Amendment rights of all Americans are respected at the Air and Space Museum and an incident like this never occurs again under your leadership?"
The letter calls for Bunch to respond by Feb. 16, 2023.
