Student Sues School for Banning Religious Flier

FOXNews.com ^ | 1/15/04 | Fox News

[Modernman]

MIAMI

[Modernman]

Seems like she's trying to force the issue- it's not like this rule was targetted against religious fliers.

[Arkinsaw]

Seems like she's trying to force the issue- it's not like this rule was targetted against religious fliers.

True, unless she can show that it is selectively enforced. If the school has allowed a handout for a pizza party, birthday party, coupons, or anything then she has a case.

[Moleman]

She should have been handing out needles and condoms, these are allowed

[steplock]

"general policy prohibiting the distribution of any printed materials in school"

IF this was the accepted and ENFORCED policy - the school was correct.

If the school only selectively enforced the rule - they're liable.

[steplock]

I swear I did NOT copy ARKINSAW's reply here!

Great minds just think alike!

hehehe.

[Modernman]

If the school has allowed a handout for a pizza party, birthday party, coupons, or anything then she has a case.

Agreed. If they treated everyone the same, there's no problem. From what I've seen on this case, there doesn't seem to be any evidence that the school was being selective.

[ClearCase_guy]

pointing to its general policy prohibiting the distribution of any printed materials in school.

We haven't handed out a test in years. No printed material is ever distributed here. And all our students are on the honor roll too ...

[Arthur McGowan]

Abolish government schools--problem solved.

[Arthur McGowan]

Abolish government schools--problem solved.

[gdani]

Seems like she's trying to force the issue- it's not like this rule was targetted against religious fliers.

That would be fine -- except she has a clear First Amendment right to pass out flyers in her school so long as she isn't creating a disturbance or interfering with the education of other students.

The school *might* be able to argue that she can't pass out the flyers in class. But they can't & shouldn't prevent her from doing it in other areas (hallways, cafeteria, etc)

[Modernman]

Abolish government schools--problem solved.

No argument here- everyone gets a voucher and takes it wherever they want.

[Goreknowshowtocheat]

I suspect they are liable.

[lizma]

For four years, I've been the PTA person in charge of the distrubution of flyers at my daughters elementary school.
There is a policy on what the school and PTA may handout but no official policy, other than common sense, on what the students may handout.
We even had a first grader hand out some Holy cards a few years ago and not a single parent complained. Some of the Non-Christians parents I spoke to liked it because it exposed their children to an aspect of another culture.

[Modernman]

There is a policy on what the school and PTA may handout but no official policy, other than common sense, on what the students may handout.

In this day and age, you're lucky nobody has sued you over the lack of policy. Maybe the school actually has intelligent administrators who are not afraid to make a decision as to what fliers are innapropriate.

[RobbyS]

It also depends on HOW the teacher enforced the rule. IF she showed any great concern, for instance.

[RobbyS]

...administrators who are not afraid to make a decision as to what fliers are innapropriate.Their only defence is that they don't HAVE any discretion. Then everything falls back on the intent of the School board and the content of the rule they made.