Tomorrow Will Be Pro-Life Day of Silent Solidarity In Schools

According to an ADF press release, tomorrow is the date set for this year's Pro-Life Day of Silent Solidarity. The day is marked by participating students at schools in the U.S. and elsewhere wearing red tape displaying the word "LIFE" over their mouths or around their arms.  With their teachers' permission, they also remain silent throughout the day to demonstrate their concern for what they describe as the silenced voices of millions of babies through abortion. ADF has prepared a Legal Memorandum outlining students' rights to participate in the event.

Student Sues School After Refusal To Permit Participation In Pro-Life Day

A Bridgeton, New Jersey high school student has sued the school board and high school officials alleging that they censored religious, pro-life speech at school on Pro-Life Day of Silent Solidarity. Yesterday the AP reported on the lawsuit in which the student alleged that school officials refused her request to participate in the nationally-sponsored day. She wanted to hand out leaflets, remain silent except when called on in class, and wear a red armband with the word "LIFE" written on it. The complaint (full text) in C.H. v. Bridgeton Board of Education, (D NJ, filed 11/13/2009), alleges that school officials told the high schooler that her request was denied because nothing religious is permitted at public schools. It claims that the school's policies and practices violate various provisions of the 1st and 14th Amendments. After the suit was filed, school superintendent Vic Gilson said that the student's request was denied because the armband would violate the school's strict dress code and because a school policy required prior approval of any literature distributed by students or staff.

6th Circuit Upholds Limits On Leaflet Distribution In School Hallways

In M.A.L. v. Kinsland, (6th Cir., Oct. 7, 2008), the U.S. 6th Circuit Court of Appeals upheld restrictions imposed by a Monroe, Michigan middle school on a student's handing out anti-abortion leaflets as part of the national "3rd Annual Pro-Life Day of Silent Solidarity." School rules required that any material students wished to hand out had to first be submitted to the principal. If approved, the principal could designate the time and place for distribution. Even though 14-year old Michael did not submit his leaflets to the principal, the Jefferson Middle School permitted him to post them on hallway bulletin boards and hand them out during lunch in the cafeteria. Michael, however, wanted to distribute the leaflets in school hallways. The court held that the school hallways are nonpublic forums. School officials are permitted to place viewpoint neutral and reasonable time, place and manner restrictions on hallway speech. Jefferson's rules complied with this requirement. They provide clear content-neutral standards for the principal to use in deciding whether or not to approve a proposed distribution. Yesterday's Detroit News reports on the decision.

Permanent Injunction Permits Anti-Abortion Literature Distribution At School

In M.A.L. v. Kinsland, (ED MI, March 19, 2007), a Michigan federal court converted its January preliminary injunction into a permanent injunction, barring a Monroe, MI middle school from enforcing its policy on distribution of non-school sponsored literature. (See prior posting.) The ruling permits a student to distribute anti-abortion literature before and after school, and during the lunch period. It also permits him to wear a sweat shirt carrying the slogan "Pray to End Abortion" and to place tape on his wrists, but not on his mouth. The school retains the right to control these activities only if they they threaten or pose material and substantial disruptions of discipline or intrude on other students' rights. The case grew out of a student's participation in last year's Pro-Life Day of Silent Solidarity. A release by Alliance Defense Fund announced the court's ruling.

Preliminary Injunction Granted To Student Anti-Abortion Protester

In M.A.L. v. Kinsland, (ED MI, Jan. 31, 2007), a Michigan federal district court granted a preliminary injunction against school officials to an 8th-grade student who was prevented from expressing his anti-abortion views at school last October to mark "Pro-Life Day of Silent Solidarity"-- an event sponsored by a Christian youth organization. (See prior posting.) The parties subsequently agreed that the student could wear red tape on his wrists and a sweat shirt containing a protest slogan. However they remained at odds on the school's literature distribution policy. The court found it likely that the plaintiff would succeed on the merits of his claim that the school's literature distribution policy is an unconstitutional violation of his First Amendment rights. A release by Alliance Defense Fund discusses the case as does an article in the Monroe (MI) News.

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.)