School officials cannot flatly prohibit students from distributing religious literature on school grounds, a federal appeals court panel ruled Tuesday.
But a three-judge panel of the Chicago-based U.S. Court of Appeals for the 7th Circuit also said school districts could adopt policies that effectively limit the distribution of such material.
The ruling is likely to be the last word in a court battle begun three years ago when the principal of Wauconda Junior High School told Megan Hedges, then an 8th grader at the school, that she could not hand out copies of the evangelical Christian newspaper “Issues and Answers” on school property.
Megan and her younger brother, Keith, had challenged the school’s policy, contending it violated their 1st Amendment right to freely express their religious views.
“The main thing is, I want kids to know it’s their right to share their faith,” said Nancy Hedges, the children’s mother. “There’s nothing unconstitutional about sharing your views with your friends and neighbors. That’s really what this country is all about.”
Though not a clear-cut victory for either side, the appeals court ruling is significant because the case had been closely watched by other school districts looking for guidance since a U.S. Supreme Court decision last year on school prayer.
In that ruling, the high court continued the constitutional ban on prayer at school functions but suggested it might have reached a different result if the religious expression at issue had been initiated by students themselves.
“I think people were looking for the ruling in this case,” said Stanley Eisenhammer, the Arlington Heights lawyer who represented Wauconda School District 118. “Schools are looking for guidance on how to deal with religion in schools.”
School district officials argued initially that they had to prohibit the distribution of church literature or risk being accused of unconstitutionally endorsing religion.
The appeals court panel disagreed, calling that “an easy way out.”
“The school’s proper response is to educate the audience rather than squelch the speaker,” wrote Judge Frank Easterbrook, who authored the panel’s decision.
But the court upheld as reasonable an across-the-board policy ostensibly intended to encourage student expression by prohibiting students from distributing more than 10 copies of written material prepared primarily by non-students.
That part of the policy “does not treat religious speech any differently from politics, literature, the arts and other subjects,” Easterbrook wrote.
The appeals court decision modifies an earlier ruling by U.S. District Judge Paul Plunkett.
Lawyers for both sides said the ruling suggests that officials cannot prohibit students from handing out religious tracts they have written themselves if policy allows for the distribution of other student-written material.
The decision sends a strong message that religious expression cannot be singled out, said James G. Sotos and Charles Hervas, the Itasca lawyers who represented Megan and Keith.
As a practical matter, Hervas said any student could do what Megan did as long as he or she passed out 10 or fewer pamphlets.
Despite the language of the court’s ruling, Eisenhammer said schools have to be cautious about what material they allow on their grounds because any literature that is distributed carries a strong appearance of official approval.
“Material prepared by kids is much easier to deal with,” Eisenhammer said. “When you add up the pluses and minuses, I think school districts will be pleased with this decision.”
More Top Picks Best Dimmable Smart Bulbs For Light Sensitivity