Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Lee County girl can't hand out anti-abortion info at school
Bradenton.com ^ | 7/2/05 | AP

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.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; US: Florida
KEYWORDS: abortion; cultureofdeath; educationnews; kingwearsblackrobes; leaflets; leftismoncampus; prolife; students; whatrevolutionarywar
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-68 next last
To: Melas

Except that abortion is taught in schools as a "right" and valid form of birth control and in sexual education/indoctrination classes pamphlets are distributed.


41 posted on 07/03/2005 12:44:47 PM PDT by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
[ Post Reply | Private Reply | To 40 | View Replies]

To: spunkets

No, it doesn't. Children don't have all the same legal rights as adults do.

If the school doesn't let kids hand out pro-abortion info, then they're perfectly right to not let her hand out info.

She's there to learn, not agitate. If she was wanting to hand out pro-abortion leaflets we'd be all over her, her parents and the school for allowing it. Time for a little consistency.


42 posted on 07/03/2005 3:38:12 PM PDT by highball ("I find that the harder I work, the more luck I seem to have." -- Thomas Jefferson)
[ Post Reply | Private Reply | To 14 | View Replies]

To: wagglebee

There is always the public sidewalk, outside the school.


43 posted on 07/03/2005 3:38:58 PM PDT by Tax Government (Put down the judicial insurrection. Contribute to FR.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: YoungHickey
It's a school. They should be there to learn, not to debate.

O! You right-wing loonie, claiming we shouldn't politicize our public schools and suggesting our students should spend more time on studies than they do on activism!

</sarc>

Be careful...the faux conservatives don't like that stance too much.

44 posted on 07/03/2005 5:49:51 PM PDT by Gondring (The can have my Bill of Rights when they pry it from my cold dead hands.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Begferdeth

You said: Well, he did say they wouldnt let the pro-abortion groups hand out anything either. So I guess its fair at least.

That was my thought also, at first. But on further consideration, this is an illegal infringement on speech because it is content-based. It would only be valid if NO one can hand out ANY kind of material of any content. No fund-raising brochures, no class ring materials, etc. You simply cannot restrict speech based upon its content unless the speech is obscene. The only "out" might be the in loco parentis status of schools.


45 posted on 07/03/2005 5:58:32 PM PDT by NCLaw441
[ Post Reply | Private Reply | To 7 | View Replies]

To: highball
"Children don't have all the same legal rights as adults do."

Irrelevant since this isn't the splantation and the students are not the school's property. The 1st Amend. applies, because the speech engaged in does have as it's core, questions, facts and answers regarding fundamental moral principles and concepts of right and wrong. If you think the school district and it's employees have sole rightful possession of what may and may not be thought and discussed by it's students, you are wrong. This is the US and it's principles and rights are to be taught and extended to all. The judge in this case feigned fairness and gave the matter up to the pro-aborts that occupy the seats of power in the schools.

"She's there to learn, not agitate."

If advocating moral behavior is agitation to you, then so be it. Being that we're just a few hours from comemorating an act agitating the king, I can only wish this girl the best of luck and my promise to stand by her efforts.

"If she was wanting to hand out pro-abortion leaflets we'd be all over her, her parents and the school for allowing it."

I wouldn't and the Constitution doesn't permit it. As above and as this girl did in her school, the rubbish should be countered with the truth.

46 posted on 07/03/2005 6:14:51 PM PDT by spunkets
[ Post Reply | Private Reply | To 42 | View Replies]

To: YoungHickey
They should be there to learn, not to debate.

So they should be taught to be barefoot and pregnant!

Most schools have a debating team, and it is considered an honor to be on some schools debating teams...

Maybe football is a more important institution at most schools and is part of the learning process.

47 posted on 07/03/2005 6:36:24 PM PDT by topher (One Nation under God -- God bless and protect our troops)
[ Post Reply | Private Reply | To 8 | View Replies]

To: YoungHickey
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.

Debate was an accredited course at the High School I went to.

I remember classes where we were taught about debating.

Maybe pornography was part of the learning process at your school... It is protected under free speech.

48 posted on 07/03/2005 6:38:45 PM PDT by topher (One Nation under God -- God bless and protect our troops)
[ Post Reply | Private Reply | To 38 | View Replies]

To: wagglebee
I wonder if this school teaches sex education with the premise that if you get pregnant, then abortion is the thing to do...

If they teach sex education, this student should have the right to show both sides at the school, and not the Planned Parenthood side (who openly endorsed John Kerry with Federal Tax dollars).

49 posted on 07/03/2005 6:41:46 PM PDT by topher (One Nation under God -- God bless and protect our troops)
[ Post Reply | Private Reply | To 1 | View Replies]

To: wagglebee

I agree with the judgement. Schools are not open free speech zones. There is a need for order and decorum the authority of the Principal to set as his will with reason.


50 posted on 07/03/2005 6:41:48 PM PDT by bvw
[ Post Reply | Private Reply | To 1 | View Replies]

Comment #51 Removed by Moderator

Comment #52 Removed by Moderator

To: seamole
Too many points to argue in that response.

But what the hey -- I'll argue the 14th wasn't needed because the protections to individuals granted in Bill of Rights applied as limits to all governmental entities that were joined to or di join to the Unitied States.

And I'll argue that the Civil War was fought as a police action to assure that Mason's Virginia Declaration of Rights (as recast into the Bill of Rights) was treated just so.

As to the school -- a school is like a ship, and the Principal like a Ship's Captain. On board, his authority is supreme. That's "strong indivdualism" -- for the Principal is an individual. Ideally the School Board could remove him as a check, but his actions except if illegal, immoral, gross incompetence, or extraordinary are not reviewable. Just my ideals.

53 posted on 07/03/2005 7:34:40 PM PDT by bvw
[ Post Reply | Private Reply | To 51 | View Replies]

Comment #54 Removed by Moderator

To: seamole

You're missing the point that it's simply more expedient for a campus to ban all pamphlets.


55 posted on 07/03/2005 8:49:59 PM PDT by Melas (Lives in state of disbelief)
[ Post Reply | Private Reply | To 52 | View Replies]

To: YoungHickey
but I think it is an issue that has no place in school.

I'd agree with you, except that it's an issue that is probably already there, whether implicit or explicit. I doubt this girl decided to bring the pamphlets in a vacuum.
56 posted on 07/03/2005 9:27:55 PM PDT by beezdotcom (I'm usually either right or wrong...)
[ Post Reply | Private Reply | To 37 | View Replies]

To: wagglebee
"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.

That's funny. Aren't the sex-ed classes and the school clinic which refer young girls to Planned Parenthood for birth control, or taking care of their little "problems", pro-abort in their bent?

It's only a battlefield, I suppose, if both sides are presented.

57 posted on 07/03/2005 9:33:03 PM PDT by Lexinom
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lexinom

I agree completely. School curruculum is already pro-abortion. This judge seems intent on preserving public schools as infanticide indoctrination centers.


58 posted on 07/03/2005 9:37:08 PM PDT by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
[ Post Reply | Private Reply | To 57 | View Replies]

To: beezdotcom
I'd rather my tax dollars go to sending this young lady, and other like-minded young men and ladies, to private schools. Why should I pay to indoctrinate young minds with crap that I oppose with every fiber in my being? What's wrong with sticking to quadratic equations and American History?

There's no little irony in the fact that the first public school in Europe (I believe) was in Geneva. It provided the first example of education for all, and became a model. It's founder: the great reformer, John Calvin. What would Calvin have said about sex-ed, never mind abortion?

59 posted on 07/03/2005 9:46:44 PM PDT by Lexinom
[ Post Reply | Private Reply | To 56 | View Replies]

To: wagglebee
If she wanted to hand out NOW leaflets explaining how choice is being pro-feminists, there would be no need for school censorship. Its just like the skrools and black-robed despots to join to protect young charges from ideas that might be dangerous to the liberal agenda. I can't say I'm surprised at how this ruling came down.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
60 posted on 07/03/2005 11:42:56 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-68 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson