District allows distribution of anti-abortion leaflets during non-instructional time as part of settlement
In a settlement of a lawsuit, Penn Cambria School District (PCSD) in Cambria County, Pennsylvania, will allow a high school student to distribute anti-abortion leaflets at school during non-instructional times, provided the principal is given a copy of the literature one day in advance. The dispute began on Oct. 25, 2006, when Sarah Hollen, a student at Penn Cambria High School, distributed the literature in chemistry class. School administrators contend she violated school district policy on distribution of materials by failing to obtain the principal’s approval and distributing the leaflets in class. The policy limits distribution to before and after school and during lunchtime and requires a student to submit the materials to the principal at least 24 hours in advance. The Alliance Defense Fund (ADF) filed suit on Sarah’s behalf on Dec. 28, 2006. ADF attorney Matt Bowman contends the school district wanted to silence Sarah's anti-abortion message. He also says Principal Kathy Nagle prohibited Sarah's leaflets because they were "controversial and might start a fight." In addition, he alleges the principal tried to impose an extra rule in Sarah's case, telling her she had to have her leaflets cleared two weeks in advance. According to PCSD’s attorney Dave Andrews, classes are off limits because an unexpected discussion about abortion or war means chemistry or geometry are not getting the attention they deserve. Superintendent Mary Beth Whited views the settlement as a victory because the district gave up nothing and stuck to reasonable policy. "We didn't even pay attorney fees," she adds.
Meanwhile, a school district in New York that was recently hit with a similar suit brought by the ADF also has settled the case. In October 2006, M.G., a student at Gowana Middle School in Clifton Park, participated in anti-abortion activities on the anniversary of the U.S. Supreme Court’s decision in Roe v. Wade, donning a T-shirt with an anti-abortion message and handing out leaflets. The lawsuit alleged that the principal told M.G. to stop the protest because, "students shouldn't be thinking about issues like that at their age." The school declined to comment on the case specifically, but a spokesperson says, "students at our school speak out on all sorts of issues on a daily basis. However, protests need to be done in an orderly fashion...it's not the issue, it's the process." The settlement agreement provides that M.G. will be allowed to wear an anti-abortion T-shirt to class and to distribute leaflets on the anniversary of the Roe v. Wade decision.
Pittsburgh Post-Gazette
By Milan Simonich
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News10
By staff
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News10
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[Editor’s Note: Last week’s Legal Clips included summaries, now posted below on the NSBA School Law Issues website pages, of two preliminary injunction orders issued in disputes over the same question in Virginia and Michigan. In both cases, also brought by ADF, federal district courts found that the school districts could not impose content-neutral time, place, and manner restrictions on the distribution of materials by students unless school officials could show evidence of a reasonable concern that distribution during non-instructional times of the school day could result in material and substantial disruption. To view ADF’s press release on the New York settlement, which includes links to the legal complaints in the New York, Pennsylvania, and Virginia cases, see the third link below.]
[NSBA School Law pages on Raker v. Frederick County Public Schools]
[NSBA School Law pages on M.A.L. v. Kinsland]
[ADF Press Release]