Posted on 07/03/2005 11:11:51 AM PDT by wagglebee
FORT MYERS, Fla. - A federal judge refused to allow a 15-year-old girl to distribute anti-abortion pamphlets at school, saying the divisive issue could turn the hallways into a "battlefield."
Cypress Lake Middle School eighth-grader Michelle Heinkel wanted to hand out the literature to classmates on a "day of remembrance" for abortion victims - despite being barred last year because the Lee County school district's blanket policy bans student distribution of pamphlets.
In a 21-page order, U.S. District Judge Virginia M. Hernandez Covington on Friday ruled that if the school board allowed Heinkel to disseminate the pamphlets, then they would have to allow abortion rights advocates to distribute theirs.
"Permitting pro-life and pro-choice literature to be distributed by students in the school hallways would turn the school hallways into a battlefield," Covington wrote in the order.
However, Covington said that its policy banning advertising is unconstitutional. The policy does not allow ads on campuses that may be obscene, libelous, political, religious or proselytizing.
"The policy operates to exclude materials that deal with an otherwise permissible subject solely because the materials address the subject from a religious viewpoint," Covington wrote. "For this reason ... the policy is unconstitutional."
Heinkel's attorney Mathew D. Staver said he was surprised at Covington's ruling and said it would be appealed to the 11th Circuit Court of Appeals in Atlanta.
Keith Martin, the school board's attorney, said the board will continue the legal battle if necessary.
Heinkel went to court on March 26, 2004, asking U.S. District Judge John E. Steele to issue an emergency order to allow her to distribute the pamphlets. Steele denied the request and the case was later assigned to Covington.
My school (a technology college) has a policy (don't know if it's written or common sense), of no discussions regarding religion, sex, and politics. I'm OK with that in that it's just distracting from the main purpose of being there, which is to learn.
In high schools, however, I have mixed feelings, since academia seems to lean way too far to the left...
If it is true, and can be documented, just because it makes you sick is not an argument for banning it, porn for example.
The mat'ls weren't distributed during class time and there was no indication the matl's were being force fed. The school bureaucrats and the judge interfered in what is essentially discourse between the students and perhaps faculty on their own time. Also, the matl. was of an educational nature and unarguably of worth regarding moral values.
"It's a school. They should be there to learn, not to debate."
Indeed it is a school.
They should be there to "learn" and part of their world includes abortion.
You're right, there should be NO debate on abortion when they are allowed to "learn" what an abortion is and ideally what an abortion looks like - then, they will have "learned" something and there will be no need for "debate".
How do you justify the "day of silence" in schools across the country to pay coerced homage to gays?
So can I distribute porn in school?
The school faculty handles the pro abort mat'l. He didn't address that. I'm sure she was well aware of that when she composed her rubbish.
Community stds.
Right...I was just making a point.
Besides the obvious obscenity issues, it's a content neutral restriction. For example, the same result should occur if this suit was someone trying to pass out "Bush lied" pamphlets and the administration wouldn't let them...
Apparently, the judge upheld the school bureaucrats action on public safety grounds. It's a bogus decision. The 1st Amend. doesn't allow for any infringement, public safety notwithstanding.
Right. School is about killing time, not pursuing truth, particularly with regard to life and death issues.
Imagine interupting algebra class for this!
But indoctrination is permissible and is not a devisive issue. So, who are the intolerant ones? Of course, the ones who would turn the hallways into a battlefield.
The same would apply in reverse in this case, if they have a problem with what I am doing counter protest me, if my actions are peaceable and do not excite to riot, she has a good argument, this applies to Mass only.
I'm all about people thinking for themselves, don't get me wrong, but I think it is an issue that has no place in school.
hmmmm, I was on the debate team in school.
You want a cookie or something? Seriously though, if she wants to do that after school just like your debate team was an extracuricular activity I bet, I don't think there's anything wrong with that. But to be going around while classes are in session would distract students from learning.
Except for health class.
I don't see the leftism here. The ruling is spot-on. If you give one side of the debate the freedom to distribute pamphlets, you're going to have to allow the other side the same opportunity.
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