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.
With this in mind I propose an experiment. Two kids on either side of the school building. One handing out pro-abortion leaflets and the other anti-abortion leaflets. Both leaflets are worded nearly the same. Let's see which one gets hassled.
"Debate was an accredited course at the High School I went to."
And if this was part of the class, I'd applaud her. As it is, it's inappropriate just as a student handing out pro-abortion leaflets on school property would be.
I trust none of her supporters now will complain the next time a Leftist starts passing out their flyers in school....
Well if she was doing this on a debate team then there is absolutely nothing wrong with it. However, from my understanding she was handing the pamphlets out in the classrooms and in the hallways. I could be wrong.
Again, football is an extracuricular activity. Therefore I think that if she wants to inform people about abortion it should be done outside of school. School isn't the proper forum to be doing so unless it is on a debate team or in health class.
later pingout.
Unless of course you count the pro-death curriculum taught in the classrooms.
Abortion.
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