Gilio v. The School Board of Hillsborough County
Description: A Florida school prohibited a 4th-grade student from handing out Easter egg hunt fliers to fellow students during non-instructional time. School officials contended that students “are not allowed to pass out fliers related to religious events or activities” because of two unconstitutional school board policies.
Fla. school's ban on Easter egg hunt invitations lifted
Attorney sound bites: Matt Sharp | Jeremy Tedesco
“Public schools should encourage, not shut down, the free exchange of ideas--and clearly that includes this Easter egg hunt invitation,” said Legal Counsel Matt Sharp. “A ban on a simple invitation of this sort, offered from one student to another during non-instructional time, is disturbing and unconstitutional. The school has done the right thing in revising its speech policies to remove the censorship of religious expression.”
Officials at Hillsborough County School originally contended that students “are not allowed to pass out fliers related to religious events or activities.” The two policies that U.S. District Court for the Middle District of Florida, Tampa Division, halted last year in Gilio v. The School Board of Hillsborough County have now been officially removed from the school’s policy manual.
In March 2012, the student and his mother developed simple invitations that he could hand out to fellow students during non-instructional time at Roland H. Lewis Elementary School in Temple Terrace for the Easter egg hunt that his mother helped organize in his neighborhood. At the event, children would participate in an egg hunt, play games, have snacks and candy, and hear the biblical story of Easter. The school’s principal, however, denied the student permission to distribute the invitations even though the school routinely allows other types of invitations, such as for birthday parties.
One of the district policies that the court ruled to be unconstitutional stated that fliers distributed by students for religious events “may not contain a proselytizing message (i.e., promote the benefits of the specific religion).” The other policy the court suspended prohibited materials that “seek to establish the supremacy of a particular religious denomination, sect, or point of view over any other religious denomination, sect, or point of view.”
“The First Amendment protects freedom of speech for all students, regardless of their religious or political beliefs,” added Senior Legal Counsel Jeremy Tedesco. “This outcome ensures that free speech truly is free for all students.”
David Gibbs, one of nearly 2,300 allied attorneys with Alliance Defending Freedom, is serving as local counsel in the case.
- Stipulated dismissal: Gilio v. The School Board of Hillsborough County
- Settlement agreement: Gilio v. The School Board of Hillsborough County
- 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.