E.D. v. Noblesville School District

WHO:  Alliance Defending Freedom attorneys

WHAT:  Available for media interviews following oral argument in E.D. v. Noblesville School District

WHEN:  Immediately following oral argument, which begins at 9:30 a.m. CDT, Tuesday, Oct. 29

WHERE:  U.S. Court of Appeals for the 7th Circuit, Everett McKinley Dirksen U.S. Courthouse, Room 2722, 219 S. Dearborn St., Chicago; or view the livestream. To schedule an interview, contact ADF Media Relations Specialist Brigit Berkeley at (480) 381-3977.

CHICAGO – Alliance Defending Freedom attorneys representing an Indiana high school student and her pro-life student organization will be available for media interviews Tuesday following oral argument in E.D. v. Noblesville School District at the U.S. Court of Appeals for the 7th Circuit. The student and pro-life group are appealing a lower court decision against them in a lawsuit they filed after school officials derecognized the group because the student sought permission to post flyers that administrators found objectionable.

In August 2021, the freshman student met with the principal of Noblesville High School to form a chapter of Students for Life of America. After the student completed all required steps, the school officially recognized the club but later told her she could not post flyers that included pro-life messages. Shortly after that, the principal derecognized the group.

“Students don’t lose their First Amendment right to free speech when they walk into a school building,” said ADF Legal Counsel Mathew Hoffmann, who will argue before the court. “This isn’t just about a flyer; this is about a school telling a high-schooler that she can’t publicly express messages that are important to her. School officials punished the student because she sought to share flyers that expressed pro-life messages. While other student groups at the school are allowed to express messages that are important to them, this club was specifically punished because of the messages on the flyers. We are urging the court to recognize the free speech rights of all students, not just those who agree with the opinions of school officials.”

At the beginning of the 2021-2022 school year, the student met with Dr. Craig McCaffrey, the principal of Noblesville High School, to discuss forming Noblesville Students for Life, which she hoped would “educate [her] peers on the issue of abortion and empower [her] peers in a local community with pregnancy-related items.”

After the student filled out the questionnaire the principal gave her, the school approved the group. A few weeks later, the student sought permission to post flyers that used a Students for Life of America template that included photographs of students holding signs in front of the U.S. Supreme Court reading, “I Reject Abortion,” “Defund Planned Parenthood,” and “I Am the Pro-Life Generation.” School staff insisted that she post the flyers without the pictures, telling her at one point that the flyer could not be “political.” The same day an administrator told the student she couldn’t have “political” flyers, the principal derecognized the group.

“We are eager to protect the rights of students whose views may differ from some preferred viewpoint,” said Zac Kester, CEO and managing attorney of Charitable Allies. “A standardless prior approval requirement for speech is contrary to what the First Amendment requires.”

“The district court’s decision discourages parents and weakens First Amendment protections by insisting that a temporary loss of rights is nothing to worry about,” added Kristan Hawkins, president of Students for Life of America. “But students do not lose their First Amendment right to freedom of speech at the schoolhouse gate.”

The ADF Center for Academic Freedom is dedicated to protecting First Amendment and related freedoms for students and faculty so that everyone can participate freely in the marketplace of ideas without fear of government censorship.

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