Monday, March 12, 2012

Student May Hand Out Christmas Party Invitations

In K.A. v. Pocono Mountain School District, 2012 U.S. Dist. LEXIS 28749 (MD PA, March 2, 2012), a Pennsylvania federal district court issued an opinion explaining its denial of reconsideration of a previously granted preliminary injunction (2011 U.S. Dist. LEXIS 121250, Oct. 20, 2011) allowing a 5th grader to distribute flyers to her classmates inviting them to a Christmas party sponsored by her church. In denying reconsideration, the court held that the issue should be analyzed under the standards set out in the Supreme Court's Tinker case, rather than using a non-public forum analysis. The Legal Intelligencer reports on the decision.