Policies at nearly 300 Pa. school districts conflict with court ruling

Alliance Defending Freedom asks officials to bring policies in line with 3rd Circuit decision

Friday, Dec 6, 2013

Attorney sound bites:  Matt Sharp  |  Jeremy Tedesco

PENNSYLVANIA — Alliance Defending Freedom sent nearly 300 school districts in Pennsylvania a letter Friday explaining that their speech policies fall short of a March federal appeals court ruling.

The ruling, which came in an Alliance Defending Freedom lawsuit filed on behalf of a student in northeastern Pennsylvania, found two Pocono Mountain School District policies unconstitutional after they were used to prevent a 5th-grade student from distributing invitations to a Christmas party at her church.

“Public schools should encourage, not shut down, the free exchange of ideas,” said Legal Counsel Matt Sharp. “The speech and literature distribution policies of many school districts in Pennsylvania are virtually identical to the one the 3rd Circuit struck down. These policies violate the First Amendment right of students to distribute religious materials at school.”
 
As the Alliance Defending Freedom letter explains, “The Supreme Court has made it clear that students ‘do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.’” Moreover, the letter states, “The Supreme Court has definitively held that religious expression--whether spoken, written, or symbolic--is protected by the First Amendment.”
 
The letter also notes that students “have a First Amendment right to distribute materials at school.” The Constitution prohibits school officials from using their own unbridled discretion in banning speech they disagree with.
 
“America’s public schools should recognize the constitutionally protected freedom of all students, regardless of their religious views,” said Senior Legal Counsel Jeremy Tedesco. “We hope that school districts in Pennsylvania will respect these freedoms and revise their policies accordingly.”
 
  • Pronunciation guide: Tedesco (Tuh-DESS’-koh)
 
Alliance Defending Freedom is an alliance-building, non-profit legal organization that advocates for the right of people to freely live out their faith.
 

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Legal Documents

ADF letter: to Pa. school districts (2013-12-05)

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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.


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