NOBLESVILLE, Indiana (LifeSiteNews) â The U.S. Court of Appeals for the Seventh Circuit recently ruled that a public high school can bar a student group from putting up pro-life posters in hallways.
The appeals court decided on Thursday that Noblesville High School in Indiana acted within its rights when it denied a student permission to display in school hallways flyers advertising her pro-life club. This is because, according to Circuit Judge Nancy Maldonado, the posters contained non-neutral âpoliticalâ content with a potential for âdisruption.â
The proposed flyers in question, created by Students for Life of America (SFLA), had the headline, âPro-Life Students, Itâs Time to Meet Up!â and images of young demonstrators holding signs reading âDefund Planned Parenthoodâ and âI Am the Pro-Life Generation.â
Veteran pro-life activist Will Goodman denounced the court decision in a statement to LifeSiteNews as âan absurd violation of the First Amendment which must be immediately appealed.â
âThe sick irony of this court deciding that a studentâs pro-life message respecting human life is ânon-neutral political contentâ is that the court itself does so in an unconstitutional opinion which is itself in essence ânon-neutral political content,ââ said Goodman.
The student who was denied permission to put up these flyers, named in the court decision only as E.D., had already had her pro-life club approved by the school and had recruited more than 30 members. The school not only forbid the display of these flyers, it suspended her club after she met with a school official together with her mother to continue to petition for her freedom to put up the posters.
The principal of the school decided to suspend the club because he saw E.D.âs âeffort to revisit the flyer issueâ after having already received instructions from other school officials as âan âattempt at insubordination led by an outside adult advocating with the student.â This was despite the fact that, by his own admission, the principal allowed this petition meeting with a school official to proceed âbecause E.D. had done the talking.â
The principal allowed the student to reapply for approval of her pro-life club a few months later and granted it full status once again.
Following these events, E.D. sued the school district through her parents, Michael and Lisa Duell, alleging that the censure of her flyers and her clubâs suspension were motivated by âhostility to her pro-life views, in violation of the First Amendment and the Equal Access Act.â
However, the seventh circuit declared that the First Amendment does not protect E.D.âs freedom to put up posters with pro-life messaging, since they are not considered âprivate speechâ and they can be âreasonably be perceived as bearing the schoolâs imprimatur.â The court considered the flyersâ message âDefund Planned Parenthoodâ to be a âpolarizing political sloganâ with a potential for âdisruptionâ in the school that would âdivert attention from the business of learning.â
Thus, the ban on the pro-life flyers was aligned with the schoolâs âpedagogical duty to create a stable, neutral educational environment,â wrote Maldonado.
The judge noted the Duellsâ argument that the schoolâs rejection of E.D.âs flyers âamount[ed] to impermissible viewpoint discriminationâ and admitted that courts are âdividedâ over whether precedent ârequires viewpoint neutrality in school-sponsored speech.
Maldonado furthermore admitted that Noblesville High School had previously had a flyer posted by the Black Student Union featuring an image of three raised fists, which are associated with the âBlack Powerâ and Black Lives Matter movements. She dismissed its relevance to the matter, however, since there was no proof that it was approved by the school.Â
Goodman further chided the judges in this case for âexercising raw prejudice against those young people who would be voices for the voiceless, thus silencing their freedom of speech while also silencing the cries of the preborn babies.â
âGod bless these prolife students for their courage in standing up for their brothers and sisters in the womb who are suffering deadly persecution every day,â he continued. âMay the Lord grant them protection, guidance, and authentic justice.â
News Source : https://www.lifesitenews.com/news/public-school-allowed-to-ban-pro-life-student-posters-after-federal-court-ruling/