2nd Circuit Dismisses Long-Running Lawsuit On Kindergartener's Religious Poster

In Peck v. Baldwinsville Central School District, (2nd Circuit, Oct. 26, 2009), the U.S. 2nd Circuit Court of Appeals dismissed a viewpoint discrimination lawsuit that has been in the courts for ten years. In the lawsuit, parents of a young student in a Baldwinsville, New York elementary school charged that a kindergarten teacher and a principal displayed their son's poster on environmental issues only after folding under a picture of Jesus on the poster so it was not visible. After numerous proceedings, the only remaining claim was a free speech claim for injunctive and declaratory relief against the school district, and the principal and superintendent in their official capacities. (See prior related posting.) The court held that mere past injury is not enough to justify injunctive or declaratory relief. Plaintiffs have not shown either a likelihood of future harm or an official policy involving regular violation of students' free speech rights. The court ordered the case dismissed for lack of subject-matter jurisdiction.