NJ teen barred from abortion protest sues school

[The Straight Story]

NJ teen barred from abortion protest sues school

By GEOFF MULVIHILL (AP) – Nov 17, 2009

MOUNT LAUREL, N.J. — A New Jersey high school student claims in a federal lawsuit that school administrators violated her First Amendment free-speech and religious-freedom rights when they said she couldn't participate in a day of silent protest against abortion.

The girl, identified in court papers as C.H., says she asked the Bridgeton High School principal last month for permission to join in the Pro Life Day of Silent Solidarity, a worldwide protest organized each year by Stand True, a ministry in Troy, Ohio. But the principal said no, telling her she couldn't do anything "religious," according to her lawsuit.

The lawsuit was filed Friday in U.S. District Court in Camden by a lawyer hired by the Alliance Defense Fund, a Scottsdale, Ariz.-based legal group that takes on religious freedom cases on behalf of Christians. The organization sent an advisory before the day of protest that it would defend students who are barred from participating.

ADF senior counsel David Cortman says his group has intervened in dozens of cases across the country over the six years the protest has been held and has filed suits in about a dozen. He said some have been successful and others are still pending.

http://www.google.com/hostednews/ap/article/ALeqM5jTCLg8xhxyhsFidXm7RizlYGjsiQD9C1G9N80

[ejpoeta]

1. i don't understand... was she doing something at schppl that they said no to?

and what was she going to do? religion shouldn't have any place in school, but if she were to wear a t shirt that should be ok. if she were goiing to have a sit in in front of the principal's office... not so much. depends on how she was going to protest. if it weren't going to be held at school, then what does the school have anything to do with it. then she would have missed school.

[ralph m]

2. I'll give 100 to one odds

that if "pro life" girl gets pregnant any time soon, her parents will look up the nearest abortion clinic to take care of the problem, so that she can be back out on the pro life protest line. According to some abortion clinic volunteers, this sort of thing does happen -- where they have provide their services to young female pro life protesters -- and often, according to the volunteers, they are right back out there holding their signs protesting "murder of babies" the next time the local right to life group has a rally! They should tell them to pretend that there pro life movement has succeeded in outlawing abortion -- and cheerfully deliver their babies when the time comes! That's what they want, isn't it?

[KansDem]

3. Well, the school has a "dress code."

From the article:
The armband would have violated the school's strict dress code, he said. He said it allows "no insignias unless it has to do with Bridgeton High School."

How do "dress codes" hold up to Supreme Court challenges?

[paulsby]

5. dress codes generally hold up if they are CONTENT neutral

endless case law on this.

but that's the general gist.

i don't know enough about this case to form an opinion on the merits.

a bit general and vague, but decent link
http://public.findlaw.com/education/le3_3ten.html

[zbdent]

9. a quick look at their web site shows the home page with a number of kids

wearing shirts and ties ... didn't get their "dress code" pulled up ...

Looks to me like they are pretty much about the "uniform" ... how many times have lefties been assailed for being against school uniforms (conformity apparently is a RW thing, unless the "conformity" doesn't allow THEM to make THEIR statement ...)

[Posteritatis]

13. Political armbands were behing a major SCOTUS case that protected students' free speech rights

I think that ruling was a fantastic thing, entirely too ignored by schools, parents, and students alike and I'm not about to become opposed to the idea just because a student might have a viewpoint I disagree with, in any case.

[MadHound]

4. Hate to say this, but the girl has a case

"In the Bridgeton case, the student planned to remain silent on Oct. 20, except when called on in class at her public school. She also wanted to wear an armband with the word "life" on it and to hand out anti-abortion pamphlets. Some students who participate in the protest put tape across their mouths to show they're speaking for the unborn, who can't speak for themselves, Cortman said."

This is no different than many of the anti-war protests that have been held in high schools for the past forty plus years, armbands, remaining silent, etc. The only trouble is, this isn't violating her First Amendment right of freedom of religion, but rather her first amendment right to freedom of speech and expression.

You may not like it, but she's got a case, and if we deny her freedom of speech, we're denying it to ourselves also.

[dsc]

6. yep

this is no different than the pro gay day of silence as well.

[enlightenment]

7. I suspect it was the handing out anti-abortion pamphlets

that got her the 'no' more than the armband and the silence (which would probably have been appreciated by many who have no doubt had to listen to her exercising her right to free speech in the hallways, cafeteria, and locker room . . .)

[Jamastiene]

8. That is what I was thinking too. n/t

[Posteritatis]

14. I *like* that she has a case and is fighting for it, even if I don't agree with her views

Every time a student actually knows about their (and, by extension, others') rights and decides to fight for them an angel gets its wings, dammit.

[alp227]

10. As long as she wasn't hurting anyone or proselytising beliefs, she'll win

The First Amendment basically gives free speech to EVERYONE...even to those who we think are idiots...except for situations like falsely yelling "fire!" in a crowded theater. I don't really know what she did on that day, but I hope she wasn't intending to act like one of those radical abortion clinic protesters.

ADF senior counsel David Cortman says his group has intervened in dozens of cases across the country over the six years the protest has been held and has filed suits in about a dozen. He said some have been successful and others are still pending.

How much is "some" and how much is "others"? I hope it's not a deceptive cover-up of a shoddier than 50/50 record in the name of "neutrality". Frickin' mainstream media.

[Tesha]

11. She'll win the right to keep silent and wear her armband. She *WON'T* win the right...

...to hand out her religious tracts.

Tesha

[alp227]

12. There was this Supreme Court case that allowed a couple of students to wear armbands in protest...

...of the Vietnam War. It was Tinker v. Des Moines Independent School District, from 1969...just in time for Woodstock that summer!

I might agree with you that "handing out religious literature" crosses the line into imposing one's beliefs, no? My guess is that it's much different from establishing a religious club on campus and allowing students optionally to come in and learn more without intimidation.