Istook Amendment

I write in response to Barbara H. Bergen’s Oct. 31 letter critical of my support of the proposed Istook amendment. This proposal would say that whether or not activity is prohibited by the 1st Amendment would not be determined solely by where it takes place. It does not, therefore, “return prayers to schools.” It would not permit prayer to be composed or insisted upon by school authorities; it would not permit the school authorities to set aside a time for prayer. However, if conduct is otherwise permissible because it is done by private individuals (such as a prayer group formed by students during school lunch hour), then the mere fact that it is done on public property would not make it impermissible.

The key is that the speech is done by private individuals, not by the state. The place alone should not be determinative. That is what the Istook amendment does, and that’s why I support it.

REP. TOM CAMPBELL

R-San Jose