Eighth Grader Sues School To Be Part of "Silent Solidarity"

Last week, the Alliance Defense Fund (release) filed suit on behalf of a Clifton Park, NY eighth grade student who, with several friends, was prevented from expressing pro-life views in school during the "3rd Annual Students' Day of Silent Solidarity" sponsored by the Christian youth organization Stand True. The middle school student attempted to hand out leaflets, wore a t-shirt with a pointed message on it, and wore tape over his mouth for the day with the word "Life" on the tape. The student had obtained permission from his teachers to remain silent in class that day. The students were instructed by the principal to turn their t-shirts inside out so the messages could not be read, to dispose of the fliers and to remove the tape on their mouths. Students who had already received fliers were instructed to hand them to school officials. The suit alleges violation of plaintiff's free speech rights, arguing that the principal's action constituted viewpoint discrimination and imposition of a prior restraint, and claims school regulations were unconstitutionally vague and that plaintiff was denied equal protection of the laws. (Full text of complaint.)