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Injunction Granted To Permit Elementary Student's Distribution of Church Flyers To Classmates

By Howard M. Friedman

In J.S. v. Holly Area Schools, (ED MI, Oct. 26, 2010), a Michigan federal district court concluded that a preliminary injunction should issue to guarantee an elementary school student the right to distribute religious flyers and invitations to a church summer camp to his classmates, so long as he distributes them in a manner that does not disrupt normal school activities. The school's across-the-board ban on student-to-student distribution of materials during the school day is not a reasonable time, place and manner regulation of student speech.  The court also concluded that the student's mother had wrongfully been denied access to the school's "flyer forum" through which she wanted to communicate with other parents about church activities. Her flyers were rejected on the basis of the viewpoint they expressed. Alliance Defense Fund issued a press release announcing the decision. (See prior related posting.)

Full post as published by Religion Clause on October 28, 2010 (boomark / email).