The Center Files Brief For Students' Religious Speech

April 15, 2011

Today the Center filed an amici curiae brief in Morgan v. Swanson to protect elementary students' right to express their faith while at school.  The brief is here.

Students were allowed to distribute small gifts to their classmates at a "winter holiday" party at school.  When three students tried to distribute pencils with the message "Jesus is the Reason for the Season" or candy canes with a message about its religious symbolism, two principals allegedly confiscated their gifts. 

The Fifth Circuit correctly held that the Supreme Court has clearly established that public school officials may not engage in viewpoint discrimination against elementary students' religious speech when the speech is not disruptive and not promoted by the school.   The decision in Morgan v. Swanson is here.

But then the Fifth Circuit decided to rehear the case en banc.  The religious speech rights of students in Texas, Louisiana, and Mississippi will be governed by its decision.  Because en banc decisions are infrequent, the Fifth Circuit's decision likely will have national influence.

The Center's brief in favor of the students was joined by the National Association of Evangelicals and the Becket Fund for Religious Liberty. The brief was crafted by Professor Douglas Laycock with the legal team from Crowell & Moring of Rick Claybrook, Bruce Zabarauskas, and Brian Barner.