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On The Front Lines

Rutherford Institute Attorneys Defend N.J. State Correction Worker's Right to Free Speech and Religious Expression in Workplace

Rutherford Institute Attorneys Present Oral Arguments Before Third Circuit Court of Appeals

PHILADELPHIA, Pa.
--Attorneys for The Rutherford Institute presented oral arguments before the Third Circuit Court of Appeals on behalf of Peter Lightfoot, a former New Jersey Department of Corrections worker who was fired for speaking about his religious beliefs with his coworkers. Judge Stephen F. Orlofsky granted summary judgment in favor of the New Jersey Department of Corrections earlier this year. In appealing to the Third Circuit, Institute attorneys question whether a state-run prison may forbid a civilian employee from discussing religion with inmates or sharing religious information with fellow workers.

On Feb. 17, 1999, Peter Lightfoot was hired by the New Jersey Department of Corrections as a "needle trade instructor" to train inmates at the South Woods facility to sew. Before taking the job, Lightfoot, who has a diploma in religion, had been ministering on a volunteer basis to the spiritual needs of inmates at South Woods. However, during his employment with the state, Lightfoot was criticized for "proselytizing" to inmates when they asked him spiritual questions. Lightfoot was also reprimanded by his supervisor for using biblical terms in his normal manner of speech. Furthermore, Lightfoot's personal conversations during break time were interrupted because they involved religious topics, and he was denied appropriate training and guidance because of his religious beliefs. On Aug. 31, 1999, after Lightfoot objected to being disciplined for providing religious pamphlets to coworkers who had requested them, his employment with the Department of Corrections was terminated. Institute attorneys filed a complaint in New Jersey federal court alleging that the state had violated Lightfoot's rights to free exercise and free speech and was guilty of religious discrimination under federal and state codes.

"Employees, including corrections workers, do not lose their First Amendment right to appropriately express their faith at the workplace door," said John W. Whitehead, president of The Rutherford Institute. "Peter Lightfoot was fired for one reason - his supervisors' refusal to afford his religious conversations the same respect and protection given to discussions about baseball, the weather and other subjects."

The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.


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