In Camden, New Jersey, a teen is suing her school with the help of a personal injury attorney, for violating her right to protest.
The student was planning on showing her support during Pro Life Day, which would consist of her not speaking (except when she is called on in class), wearing an arm band that had "life" on it, and handing out anti-abortion pamphlets.
Her personal injury lawyer was hired by the Alliance Defense Fund: an organization that is self-described as "a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith" (ADF).
This case is very tricky because it brings up the (at times opposing) viewpoints of the separation of church and state and free speech. Because it is a public school, it would seem a violation to promote a religious view point inside of it.
On the other hand, it is within the student's right to protest her beliefs as long as the protest, among other things, does not occur during school time, contain slander, promote illegal drugs, express a political point against the school, or incite violence (according to the ACLU).
The topic of abortion however, is so powerful that it could possibly incite violence. Also, aren't public schools about an education without religious pressure, so technically wouldn't the pamphlets "express a political point against school policy?"
There have been cases with similar issues, but they do not completely connect. For example, the Tinker vs. Des Moines case was in favor of a student wearing a black arm band to protest the Viet Nam War, but the protest was not concerning religion. Also, a case in San Leandro had district lawyers agree that if other non-profits could distribute fliers about "community groups," so could churches. However, it is believed that the flyers in Camden were expressing a belief and not advertising a club.
If you fear that you or your child is having his constitutional rights violated in school either by being oppressed or subjected to uncalled for viewpoints, you can contact a New York personal injury attorney. While the answers are still muddy, more cases will hopefully bring more clarity.
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