A.Z. v. Nova Classical Academy
Description: A Minnesota public school prohibited a 6th-grade student from distributing pro-life fliers to her classmates during non-instructional time.
Minn. school concedes pro-life speech cannot be censored after all
Attorney sound bites: Matt Sharp | Jeremy Tedesco
“Public schools should encourage, not shut down, the free exchange of ideas,” said Legal Counsel Matt Sharp. “The First Amendment protects freedom of speech for all students, regardless of their religious or political beliefs. The law on that point is extremely clear: free speech cannot be censored simply because it expresses a certain viewpoint that administrators don’t favor.”
In late February, the 6th-grade student and her friends peacefully handed out pro-life fliers at lunchtime to friends and classmates interested in the topic. One of the fliers read, “Save the baby humans. Stop abortion.”
A few days later, they were called into the school director’s office and told that some students find pro-life fliers offensive and that they were no longer allowed to pass them out during or after school hours, even if students requested them.
In an e-mail to the student’s parents, the school’s executive director claimed that the content of the fliers was inconsistent with the school’s educational mission and that “such political activism is limited to students in the School of Rhetoric [the high school] only.”
“The school has a right to censor students without violating their free speech,” the executive director wrote. “In short, public schools have every right to prohibit student speech.”
As a result of the settlement of the case, A.Z. v. Nova Classical Academy, and the enactment of the new policy, students are permitted to distribute literature as the 6th-grade student and her friends originally sought to do.
“Schools must allow students to peacefully express their views on current events of the day,” added Senior Legal Counsel Jeremy Tedesco. “This outcome ensures that free speech truly is free for any student at NCA that wishes to exercise his or her constitutionally protected freedoms.”
- Pronunciation guide: Tedesco (Tuh-DESS’-ko)
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ABOUT Matt Sharp
Matt Sharp serves as senior counsel with Alliance Defending Freedom, where he is the director of the Center for Public Policy. In this role, he leads ADF's team of policy experts as they craft legislation and advise government officials on policies that promote free speech, religious freedom, parental rights, and the sanctity of human life. Since joining ADF in 2010, Sharp has authored federal and state legislation, regularly provides testimony and legal analysis on how proposed legislation will impact constitutional freedoms, and advises governors, legislators, and state and national policy organizations on the importance of laws and policies that protect First Amendment rights. He has twice testified before the U.S. Congress on the importance of protecting free speech and religious liberty in federal law. Sharp also authored an amicus brief to the U.S. Supreme Court on behalf of nearly 9,000 students, parents, and community members asking the court to uphold students’ right to privacy against government intrusion. Sharp earned his J.D. in 2006 from the Vanderbilt University School of Law. A member of the bar in Georgia and Tennessee, he is also admitted to practice in several federal courts.