American Atheists

American Atheists to Convene in Philadelphia and Pack 24,000 Meals for Locals in Need on Easter Sunday

American Atheists — Wed, 27 Mar 2024 12:00:23 +0000

Philadelphia, PA – Hundreds of atheists and nonreligious people from all over the United States will convene at the Loews Philadelphia Hotel this weekend for the annual convention of American Atheists. The civil rights organization, now in its 60th year, works to protect religious freedom and the separation of religion from government and advocates for the representation and inclusion of the 28% of Americans who identify as religiously unaffiliated. Nick Fish, Philadelphia resident and President of American Atheists, said, “I am so excited we’re hosting our 2024 convention right in the heart of Center City. This is the birthplace of America, and religious freedom was so central to that founding. Our most recent State of the Secular States report found Pennsylvania has strong constitutional and nondiscrimination protections in place, but no state is immune to the dangerous rise of Christian nationalism. Attendees will learn a lot about the work we’re doing to fight back and save our democracy.” This year’s convention boasts a diverse speaker line-up of activists, academics, and authors discussing timely topics ranging from immigration and abortion access to public education policy and recovering from religious abuse. Presenters include the hosts of popular podcasts Unreasonable, The Burning Eden, and The Plain People’s Podcast, as well as writers Kate Cohen, a Washington Post contributing columnist and author of We Of Little Faith, Sarah Stankorb, best-selling author of Disobedient Women, and award-winning science journalist and author of the forthcoming book The Progressive Parent, Kavin Senapathy. Other events include a charity pub quiz, a cabaret show, and an Awards Dinner with featured speaker Ellery Schempp, the primary student involved in the landmark 1963 United States Supreme Court decision of Abington School District v. Schempp, which declared that mandatory Bible readings in public schools were unconstitutional. American Atheists’ founder, Madalyn Murray O’Hair, was the plaintiff in the related and eventually consolidated case, Murray v. Curlett. Also in attendance will be the legal team behind American Atheists’ recent victory in a West Virginia religious coercion lawsuit. The convention culminates with American Atheists’ annual “Two Hands Working” service project on Easter Sunday. In partnership with The Outreach Program, the organization’s staff and volunteers will pack 24,000 meals for Philadelphians in need. The tradition is an homage to founder O’Hair’s quote that “two hands working can do more than a thousand clasped in prayer.” “This project is always one of the highlights of our conventions. I think a lot of us are pretty tired of hearing politicians offer thoughts and prayers, and this is an opportunity for our community to give something tangible and meaningful back to the community that is hosting us,” said Debbie Goddard, Philadelphia resident and Vice President of Programs at American Atheists. “Although we’ve made enormous strides in the last six decades, there is still a persistent misconception that nonreligious people are immoral people. It’s not true. We do so much good, and we don’t expect anything in return.” The American Atheists convention will take place March 28-31. Locals are welcome to attend the convention at a discounted general admission rate of $99. The “Two Hands Working” Service Project will occur […]

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American Atheists Celebrates Restoration of Religious Freedom Protections for Recipients of Federally Funded Social Services

American Atheists — Mon, 04 Mar 2024 13:30:24 +0000

Washington, D.C. – Today, American Atheists praised the Biden Administration for its issuance of final rules restoring critical religious equality and civil rights protections for millions of Americans who receive government-funded social services. “The Biden administration has taken a vital step towards fulfilling its promise – and this nation’s promise – of equality under the law regardless of one’s religious or nonreligious beliefs,” said Alison Gill, Vice President of Legal and Policy at American Atheists. “I am pleased to see leaders in Washington re-prioritizing Americans in need, and protecting their constitutional rights over the interests of faith-based entities that receive millions of taxpayer dollars every year.” The final rules rescind and replace harmful Trump-era policies that undermined Americans’ constitutional rights and stripped away much-needed safeguards against religious-based discrimination. In 2021, American Atheists constituents submitted nearly 25,000 comments opposing the Trump administration’s changes, and the organization joined a broad coalition of civil rights and religious equality advocacy groups that filed suit to stop their implementation. Gill noted, “The previous administration’s rules not only undermined Americans’ constitutional rights but also made it unnecessarily burdensome for some of nation’s most vulnerable populations to access essential, taxpayer-funded programs and services – from shelters for the unhoused and survivors of domestic violence to food banks, job training, education programs, and elder care.” In 2023, American Atheists submitted comments in support of the regulations proposed by the Center for Faith-Based and Neighborhood Partnerships and offered amendments to further strengthen nondiscrimination protections for nonreligious Americans, writing, “American Atheists believes that government programs should be inclusive and accessible to people regardless of their religious beliefs or lack thereof.” Jointly issued by nine federal agencies, the final rules will require government-funded social service providers to inform beneficiaries of their legal rights to be free from religious-based discrimination and forced participation in prayer or other religious programming. “We are relieved and grateful the Biden administration has affirmed that religion is not a license to discriminate,” said Nick Fish, President of American Atheists. “Whether they are faith-based or not, any organization that receives taxpayer dollars should never be in the business of discriminating, denying care, or forcing Americans to participate in religious programming in order to access essential services to which they are entitled.” The final rules will take effect on April 3, 2024.

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Atheists Still Have Concerns About Denial of Care Rule

American Atheists — Thu, 11 Jan 2024 14:30:49 +0000

Washington, D.C. – On Tuesday, the U.S. Department of Health and Human Services Office for Civil Rights announced the release of its new Denial of Care rule, Safeguarding the Rights of Conscience as Protected by Federal Statutes. President of American Atheists, Nick Fish, said, “The Department of Health and Human Services has taken a step in the right direction this week. The religious refusal rule the Biden Administration inherited had nothing to do with religious freedom and everything to do with enshrining religious extremism into law and prioritizing the narrow beliefs of a few over the wellbeing of millions.” The just-announced Final Rule rescinds significant portions of a 2019 rule that would have allowed health care providers and other entities involved in patient care – including insurance companies, receptionists, and administrators – to discriminate against patients and deny necessary treatment on the basis of religious disapproval had it not been found unlawful by three federal district courts. American Atheists strongly opposed the Trump-era religious refusal rule, denouncing it as a blatant attempt to enshrine religious extremism into law at the expense of the health and safety of millions of Americans. If not for the litigation that ensued, the rule would have threatened access to abortion, contraceptives, HIV prevention and treatment, gender-affirming care, end-of-life care, and more – even in cases of emergency. In early 2023, American Atheists wrote in support of the Biden Administration’s proposal to abrogate the Trump Administration’s rule. In comments submitted to HHS Secretary Xavier Becerra, the religious equality organization offered a number of suggestions for various amendments that would strengthen the final rule, including more robust data collection on the impact of health care discrimination on religious minorities, atheists, and other nonreligious patients. “We are grateful Secretary Becerra has reinforced some of the nondiscrimination protections issued by the Obama Administration in 2011,” said Alison Gill, Vice President for Legal and Policy at American Atheists. “However, we remain concerned that the Final Rule retains several misguided provisions from 2019 and grants broad enforcement authority to the Office for Civil Rights that could be misused by future administrations.” The anti-abortion group CatholicVote issued a response confirming American Atheists’ concerns. The religious lobbying organization concluded the Final Rule upholds exemptions and accommodations for religious beliefs, with their Director of Government Affairs noting, “…it could have been much worse. The onslaught of public protest prevented HHS from sending us back to 2011.” “Unfortunately, these revisions from HHS do little to make patients aware they can be denied medical care for nonmedical reasons,” explained Gill. “It reinforces the need for states to pass health care transparency legislation – like HB 1218 in Colorado – to ensure patients are informed when they are denied necessary care because of the beliefs of hospitals and providers.” The Final Rule will take effect on March 1, 2024.

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Just-Released Report Outlines Troubling Trend Toward Religious Extremism in State Legislatures

American Atheists — Tue, 09 Jan 2024 14:25:52 +0000

Washington, D.C. — American Atheists released the sixth edition of its State of the Secular States report today. The organization’s annual policy publication is an in-depth analysis of state-level legislative attacks against religious equality and the separation of religion and government. Many of the political forecasts outlined in State of the Secular States have proven accurate over the years, and it has become a powerful tool for lawmakers, the media, and advocates to understand the nationwide trajectory toward religious extremism. “Last year was one of the worst legislative sessions in recent memory,” explained Alison Gill, Vice President for Legal and Policy at American Atheists and author of the report. “We tracked a record number of bills attacking civil rights, and in state after state, we saw protections for LGBTQ people and access to abortion care set back decades. A well-funded network of religious lobbying groups succeeded in proliferating harmful, hateful policies and decimating our most foundational democratic norms. With the 2024 election season looming, it’s likely these trends will not only continue but intensify over the next year.” The report shows religious extremism in government is no longer a rare occurrence in the United States but a dominant theme enjoying the explicit and unprecedented endorsement of the Supreme Court and powerful political leaders, up to and including the Speaker of the House. Even as the majority of Americans continue to oppose the anti-LGBTQ and anti-abortion policies and ideologies of White Christian nationalists, American Atheists finds more and more bills are being introduced and passed. Rob Hofmann, State Policy Manager at American Atheists, said, “As we head into a new legislative session and a major election year, I hope religious and nonreligious Americans alike will vigilantly safeguard their civil rights from a few on the fringe. Although the circumstances are dire, 2024 is also an opportunity for our growing community of atheists and other nonreligious people to make real, meaningful gains to enact policies and elect leaders that protect the health and wellbeing of all Americans and our democratic institutions.” In 2023, American Atheists monitored over 1,600 bills across the country that would either enhance or harm religious equality. The State of the Secular States report further analyzes existing laws and proposed policies by state and into four categories: Constitutional & Nondiscrimination Protections, Special Privileges for Religion, Health Care & Wellness, and Education & Youth. All 50 states—plus Puerto Rico and Washington, D.C—are then assessed on a three-tier scale from those that strongly protect religious equality to those that actively undermine it. This year’s report shows nearly two dozen states have several laws establishing religious exemptions or special privileges for religion and provide few protections for the separation of religion and government. The organization noted an abrupt and alarming increase in the number of religiously motivated bills targeting trans young people. For example, in 2023 alone, 19 states passed laws preventing trans youth from receiving appropriate and medically necessary health care. The report also documents a dramatic increase in the scale and scope of policies that would insert religion into public schools or divert public dollars to fund religious schools. While […]

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NY Governor’s Veto of Life-Saving Substance Treatment Bill is Shameful and Misguided

American Atheists — Wed, 29 Nov 2023 14:30:47 +0000

Albany, NY – American Atheists rebuked New York Governor Kathy Hochul’s decision to again veto a life-saving bill that has twice passed in the New York Assembly and Senate with bipartisan support. The Recovery Options Bill (A.5074) would have required that New Yorkers ordered to enter a substance abuse treatment program be informed of their right to not be forced into religious programming against their will. For example, many atheists choose nonreligious, evidence-based recovery options, such as SMART Recovery or LifeRing. Time and again, courts across the nation have found that 12-step programs like Alcoholics Anonymous are pervasively and overtly religious and cannot, therefore, be imposed on people by the government. The “Big Book” of Alcoholics Anonymous includes a chapter that tells atheists and agnostics they are “doomed to an alcohol death” unless they “seek Him.” The chapter goes on to deride the nonreligious as “handicapped by obstinacy, sensitiveness, and unreasoning prejudice.” According to the American Atheists-commissioned U.S. Secular Survey, 15.2% of respondents reported experiencing stigma and discrimination while undergoing religious substance recovery treatment. Earlier this month, American Atheists officially announced the release of Andrew Miller, an atheist and Secular Humanist who was represented by the civil rights organization after he was repeatedly denied parole for his conscientious refusal to complete a religious substance treatment program that included the compulsory recitation of Christian prayers at meetings. In July of this year, U.S. District Court Judge Joseph R. Goodwin issued a sweeping 60-page decision, denying West Virginia’s motion to dismiss the case and finding Mr. Miller’s claims to be “likely—if not inevitable” to succeed. West Virginia has since agreed to remove religious requirements as a condition for parole and pay $80,000 in legal fees. In New York, the legislation that Governor Hochul vetoed would have simply required courts to inform New Yorkers of their constitutional right to object to mandatory religious substance abuse programs. Subsequently, anyone who objected to these religious programs, including nonreligious people and religious minorities, could instead access evidence-based treatment programs free of religious coercion. “Recovering from addiction is difficult enough without suffering through unwanted indoctrination and religious abuse,” said Alison Gill, Vice President for Legal and Policy at American Atheists. “Governor Hochul has had two opportunities to sign this bill into law and provide meaningful, even life-saving help to constituents of all religious beliefs and none, and she has twice chosen to issue an immoral and illogical veto instead.” According to a 2017 Gallup report, 40% of New Yorkers are nonreligious. In addition, nonreligious Americans are now the largest “faith constituency” in the Democratic Party. During the midterm elections, nonreligious Americans voted for Democrats over Republicans at a greater than 2:1 ratio, according to AP VoteCast. More recently, a survey by the Associated Press-NORC Center for Public Affairs Research found 30% of adults in the United States claim no religious affiliation. “In New York, West Virginia, and elsewhere, Americans need to know they have a constitutional right to access nonreligious recovery options before they’re trapped in a program that violates their freedom of religion and could threaten their recovery from addiction,” added Gill. “I am so thankful […]

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American Atheists Wins in West Virginia Religious Coercion Lawsuit

American Atheists — Wed, 15 Nov 2023 14:55:09 +0000

Charleston, WV — American Atheists announced today a resounding victory in its federal lawsuit, in partnership with Mountain State Justice, against the leadership of the West Virginia Division of Corrections and Rehabilitation (WVDCR) in April 2023 on behalf of Andrew Miller, an atheist and Secular Humanist who was forced to engage in religious activities as a condition of parole. “We’ve said it before, but no one should be forced to sacrifice their moral or religious beliefs in order to be released from incarceration,” said Lesley Nash, an attorney with Mountain State Justice, who served as local counsel in this case. “We’re pleased the Court acted to protect Andrew’s rights when WVDCR would not.” Mr. Miller was officially released under West Virginia’s Non-Violent Offender Parole Program in October. In addition, the WVDCR removed its requirement that participants attend religious 12-step meetings and removed religious components from its federally funded Residential Substance Abuse Treatment Program (RSAT) handbook. The Division of Corrections and Rehabilitation also agreed to pay $80,000 in legal fees to Mountain State Justice and American Atheists. “This is, of course, a tremendous victory for Andrew, who is finally free, but also a complete vindication of his and other nonreligious Americans’ rights under the law,” said Geoffrey T. Blackwell, Litigation Counsel for American Atheists. “And yet, if the WVDCR had acted properly, Andrew may well have been released much sooner. Rather than cave to West Virginia’s unconstitutional religious coercion, he took a principled stand and fought to defend his First Amendment rights.” The lawsuit alleged, and the state did not dispute, that Mr. Miller’s conscientious refusal to complete the pervasively religious RSAT program was a significant contributing factor in the West Virginia Parole Board Panel’s decision to deny him parole on three occasions. In doing so, the WVDCR violated his constitutional rights as well as rights guaranteed by the Religious Land Use and Institutionalized Persons Act (RLUIPA). In July of this year, U.S. District Court Judge Joseph R. Goodwin issued a sweeping 60-page decision, denying dismissing West Virginia’s motion to dismiss the case, finding Mr. Miller’s claims to be “likely–if not inevitable” to succeed. The judge also issued a preliminary injunction requiring WVDCR officials to remove completion of the state’s RSAT Program from Mr. Miller’s parole eligibility requirements. Judge Goodwin wrote that the injunction “would do no more than require the defendants to fulfill their existing constitutional obligations” and highlighted the “undeniably religious nature of the program.” It included the mandatory recitation of Christian prayers during meetings and overtly religious content in the course material, which was primarily developed by Texas Christian University. Courts around the country have repeatedly reached the conclusion that 12-step programs like Alcoholics Anonymous are religious and cannot be forced on people by the government. The “Big Book” of Alcoholics Anonymous includes a chapter that tells “atheists and agnostics they are ‘doomed to an alcohol death’ unless they ‘seek Him.’” The chapter goes on to deride the nonreligious as “handicapped by obstinacy, sensitiveness, and unreasoning prejudice.” Following his release, Mr. Miller said, “The harm inflicted by these programs is very real. I was, for a period of […]

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Fort Worth Atheists Launch Billboard Campaign. Lawsuit Continues.

American Atheists — Mon, 07 Aug 2023 21:06:33 +0000

Fort Worth, Texas—The North Texas atheist group Metroplex Atheists has launched a billboard campaign to promote their educational event, “Keep God Out of Our Public Schools.” On Sunday, District Judge Reed O’Connor denied them a preliminary injunction to post banners on downtown lampposts. Nonetheless, the billboard campaign, which will run until August 24, will help promote the August 26 event. In addition, the lawsuit will continue as planned. Metroplex Atheists is represented by American Atheists and local counsel Glast, Phillips & Murray with substantial assistance from the American Humanist Association. “This is a temporary setback. We will continue our lawsuit on behalf of all the atheists who have suffered discrimination—in Fort Worth, in Texas, and all throughout our country,” said Umair Khan, president of Metroplex Atheists. “We deserve the same rights and respect as all other groups, and that’s what this lawsuit has always been about.” “We’d like to thank the outpouring of support from the community,” he added. “This litigation is exposing discrimination, and in doing so, it will help move our city and state toward more equality and justice.” In a letter to the editor, Dallas resident Bonnie Canelakes called out officials for discriminating against atheists “who don’t choose to join or believe what the city thinks they should.” “The atheists are right on this one. Fort Worth got it wrong,” wrote the Dallas Morning News Editorial Board. “This is clearly a free speech issue,” agreed the Star-Telegram Editorial Board. “We think it would have been better to err on the side of more speech, not less.” “Atheists have a right to be heard. The sort of silencing and discrimination Fort Worth atheists experienced is not an isolated incident. We see it all the time,” said Geoffrey T. Blackwell, Litigation Counsel for American Atheists. “The discrimination atheists are subject to often goes unnoticed by our fellow citizens who are religious. This mistreatment impacts almost every part of daily life, be it within our families, in education, on the job, in the military, during substance abuse treatments, and especially at the hands of government officials.” In 2019, American Atheists conducted the U.S. Secular Survey, which canvassed nearly 34,000 nonreligious Americans. The resulting report, Reality Check: Being Nonreligious in America, found that anti-atheist stigma and discrimination were widespread in all areas of life. For example, 19.1% of participants reported negative experiences when accessing private businesses, such as the services provided by Downtown Fort Worth, Inc., which manages the city’s discriminatory program. In very religious communities, including many areas of Texas, this type of discrimination by private businesses was twice as prevalent than in less religious areas. “Treating all members of a community—whether atheist, LGBTQ, or another minority group—with dignity and respect improves society overall,” said Alison Gill, Vice President for Legal and Policy at American Atheists and a co-author of the report. “Unfortunately, Christian nationalist activists and lawmakers spend more time silencing those they disagree with and stigmatizing minority groups than caring about residents’ well-being. The fight continues. We refuse to let discrimination win out.” The dangers of Christian nationalism will be the focus of Metroplex Atheists’ August 26 event: […]

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WV Court Blocks Unconstitutional Prison Program Targeting Incarcerated Atheist

American Atheists — Wed, 19 Jul 2023 04:18:05 +0000

Charleston, WV — In a sweeping 60-page decision issued yesterday, a federal judge ruled in favor of Andrew Miller, an atheist and Secular Humanist, who has been forced to participate in religious substance abuse treatment activities as a condition for his parole. U.S. District Court Judge Joseph R. Goodwin issued a preliminary injunction requiring officials with the West Virginia Division of Corrections and Rehabilitation (WVDCR) to remove completion of the state’s Residential Substance Abuse Treatment (RSAT) Program from Mr. Miller’s parole eligibility requirements. “This is a complete vindication of Andrew’s rights under the law,” said Geoffrey T. Blackwell, Litigation Counsel for American Atheists. “As Judge Goodwin said in his ruling, if Andrew had not stood up for his rights and instead allowed West Virginia to force this religious programming on him, it’s entirely possible he would already have been released. That’s not a choice anyone should have to make.” Miller has been interviewed three times by the West Virginia Parole Board Panel and was denied parole each time. The lawsuit alleges, and the state does not dispute, that his failure to complete the pervasively religious RSAT program contributed significantly to the Board’s decision to deny him parole. “Without Andrew’s willingness to take on this fight, West Virginia would continue to unconstitutionally impose religion on people in its corrections system,” added Blackwell. In the opinion granting the preliminary injunction, Judge Goodwin denied West Virginia’s motion to dismiss the lawsuit, finding that all of Andrew’s claims were “likely—if not inevitable” to succeed on the merits. Goodwin highlighted the “undeniably religious nature of the program,” including pervasive religious content in the course material, mandatory prayers during meetings, and a chapter that “tells atheists and agnostics they are ‘doomed to an alcoholic death’ unless they ‘seek Him.’” In directing that WVDCR remove requirements that Andrew complete the RSAT program in order to be eligible for parole, Judge Goodwin found that the “injunction would do no more than require the defendants to fulfill their existing constitutional obligations.” “As we said when we filed this case, no one should be forced to set aside their moral or religious creed as a precondition of their parole,” said Lesley Nash, an attorney with Mountain State Justice, who is serving as local counsel in this case. “We’re pleased that the Court acted to protect Andrew’s rights when WVDCR has not.” American Atheists is promoting state-level legislation that would require criminal justice systems to inform defendants and those who are incarcerated of their right to access a secular recovery option as an alternative to religious programs like Alcoholics Anonymous or West Virginia’s RSAT. One bill has passed in New York and is on its way to Governor Hochul’s desk, and another has been introduced in Michigan. “It’s clear that religious coercion is an all-too-common issue in our nation’s criminal justice system,” said Nick Fish, president of American Atheists. “This is a step in the right direction, but it’s long overdue that we push for big, systemic changes to finally fix this. We shouldn’t have to file lawsuit after lawsuit to force the government to do the right thing: protecting the […]

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Atheist Group Files Federal Lawsuit Against City of Fort Worth

American Atheists — Mon, 17 Jul 2023 17:47:40 +0000

Fort Worth, TX—Today, the North Texas atheist group Metroplex Atheists filed a federal lawsuit against the City of Fort Worth. The group is represented by American Atheists, the American Humanist Association, and local counsel Glast, Phillips & Murray. The complaint accuses the City of discriminating against atheists and violating their freedom of speech. Since at least 1998, Fort Worth has permitted nonprofit organizations to rent out space on downtown lamp posts to advertise events. These nonprofits include Kenneth Copeland Ministries and Texas Christian University. By its policy, the City has created a limited public forum under the First Amendment of the United States Constitution and may not discriminate based on viewpoint, which includes atheism. The Supreme Court recently confirmed these protections in its 2022 decision Shurtleff v. Boston. Nonetheless, the City of Fort Worth has denied Metroplex Atheists the right to advertise an event on combating Christian nationalism and protecting secular public schools, planned for August 26 at the Fort Worth Botanic Gardens. Assistant City Manager William Johnson, who denied the banner display, claimed that the education event was not of “sufficient magnitude.” Yet nowhere does the City’s Banner Display Policy mention such a requirement. “We did everything to meet the City of Fort Worth’s Banner Policy. We were denied purely on trumped-up claims nowhere in the policy, to disguise their prejudice,” said Umair Khan, President of Metroplex Atheists and a Texas assistant state director of American Atheists. “The City of Fort Worth’s decision infringes upon our fundamental constitutional rights. This authoritarian and theocratic action enables Christian nationalist groups to attack the democratic rights of all citizens and our public schools–which is the focus of our seminar.” In 2019, the City of Fort Worth allowed Metroplex Atheists to post banners under this program. The organization’s striking banners, “In No God We Trust,” made national headlines and led to a number of complaints. The mayor at the time, Betsy Price, said on Twitter, “While many of us may not agree with the message, the organization did follow policies and procedures … We must respect freedom of speech.” “Free speech is free speech, whether or not the government likes that speech or certain members of the community object to it,” said Geoffrey T. Blackwell, Litigation Counsel at American Atheists, who wrote the complaint. “The City of Fort Worth’s attempt to silence atheists for opposing theocracy is textbook viewpoint discrimination.” Metroplex Atheists is seeking injunctive relief directing the City of Fort Worth to approve the organization’s application and display the banners from August 8 to 22, injunctive relief preventing Fort Worth from excluding Metroplex Atheists in the future, and damages and attorney fees. The suit has been filed in the Northern District of Texas, Fort Worth Division, and is case 4:23-cv-00736-O. Download the complaint here.

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Atheists Urge Supreme Court to Protect Free Speech Rights on Social Media

American Atheists — Thu, 06 Jul 2023 16:48:55 +0000

Washington, D.C.—The nonreligious civil rights watchdog organization American Atheists is urging the Supreme Court to protect the free speech rights of atheists—and all Americans—to challenge Christian nationalist lawmakers and other government officials on social media. “Atheists are the most politically active group in America, and we have just as much of a right to challenge Christian nationalist lawmakers online as we do in person,” said Geoffrey T. Blackwell, Litigation Counsel for American Atheists. “Yet time and time again, government officials deny us our freedom of speech when they block us from their official social media accounts or delete our comments challenging their views.” More specifically, American Atheists is asking the Justices to establish a clear standard for determining whether a government official’s social media posts are personal or governmental, as the organization laid out in its amicus brief on Lindke v. Freed. The lower-level circuit court rulings are contradictory and have established different criteria for when to consider social media posts private or official, the brief explains. Currently, American Atheists and other free-speech defenders, as well as government officials themselves, must go through burdensome litigation to know whether a post creates an official government forum for free speech purposes or not. “People should be able to know, when they speak, whether or not that speech is protected by the First Amendment,” said Blackwell, who wrote the amicus brief. “The current situation is confusing, unworkable, and chills free speech.” In 2016, American Atheists filed a free speech lawsuit against Bradley County, Tennessee, and the Bradley County Sheriff’s Office. The sheriff told a local newspaper that he planned to use his position as sheriff to proselytize. After the sheriff’s office posted the newspaper article on its governmental Facebook page, commenters began criticizing the sheriff’s statements. The sheriff and employees of the department began blocking critics and deleting negative comments while keeping favorable comments on the Facebook page. Ultimately, Bradley County agreed to settle the lawsuit, paying a total of $15,000 in damages to American Atheists and the local plaintiffs, Joshua Stevens and Jane Doe, for interfering with their right to freedom of speech, as well as $26,000 in attorney’s fees. In 2019, American Atheists filed another free speech lawsuit, this time against Christian nationalist lawmaker Jason Rapert, an Arkansas state senator at the time. The organization represented its members in Arkansas, including four individual plaintiffs, whom Rapert unconstitutionally blocked from his official Facebook and Twitter accounts after they criticized his positions on several issues, including abortion and government endorsements of Christianity. In 2022, American Atheists announced a successful settlement against Rapert. As part of the agreement, the state of Arkansas paid American Atheists more than $16,000, and Rapert was forced to immediately unblock the plaintiffs from his official social media accounts. “Blocking atheists from official government forums created on social media is discrimination, pure and simple,” said Alison Gill, Vice President for Legal and Policy at American Atheists. “When officials use their social media to conduct government business and create forums to receive feedback from constituents, those forums must be open to everyone, not just those who agree with the officials’ religion […]

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