AP reported yesterday that a petition for
en banc review has been filed with the 9th Circuit in
Nampa Classical Academy v. Goesling. In the case, a 3-judge panel of the 9th Circuit held that Idaho did not violate the 1st Amendment when it barred use of religious texts or documents in classrooms of a public charter school. The panel concluded that the curriculum of a public charter school is speech of the government, and thus not subject to 1st Amendment protection from government infringement. (See
prior posting.)