Suit Challenges School Policy On Distribution of Flyers

An elementary student in Holly, Michigan has, through a suit brought by his mother, challenged the Holly Area Schools' policy (full text) governing the distribution of material to other students. The complaint (full text) alleges that plaintiff's 1st and 14th Amendment rights, as well as his rights under the Michigan Constitution, were violated when he was prevented from distributing a flyer advertising a Christian summer camp. Here are the facts as summarized by an ADF press release on the case:

A school district policy states that while "materials that have a religious content may be distributed during 'non-instructional' time," the "board reserves the right to refuse distribution of any material by outside individuals or groups to the students of the district."

In June, a Christian student at Patterson Elementary School attempted to distribute fliers inviting his classmates and friends to the Youth Summer Camp at Cornerstone Church. Fliers were placed in individually sealed envelopes, which also contained a letter describing the Youth Summer Camp.

After the student began placing the flier envelopes in cubbyholes where other fliers are placed, a teacher ordered him to stop distributing the fliers, saying that anything that comes from a church cannot be distributed at school.

The teacher removed the fliers and told the student to place them in his backpack. The principal informed the student’s mother that because of the so-called "separation of church and state," religious materials could not be distributed at schools. Further attempts to negotiate with officials were unsuccessful.