NSBA Legal Clips
Archived entries for First Amendment

Federal appeals court rules Michigan law prohibiting school systems alone from collecting union dues via payroll deduction is constitutional

The Sixth Circuit Court of Appeals has ruled that a Michigan statute, which prohibits public schools from collecting union dues from its employees, does not violate the rights of teachers or their unions under the First Amendment and the Equal Protection Clause of the U.S. Constitution.

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Oklahoma district’s board votes to remove Ten Commandments displays from classrooms

The Muldrow School school board in Oklahoma has elected to remove Ten Commandments plaques, currently displayed in every classrooms, rather than risk a suit by the Freedom From Religion Foundation.

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Texas court rules school cheerleaders can display religious banners at football games

A Texas state court judge has ruled that cheerleaders at Kountze High School can display banners emblazoned with Bible verses at football games.

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Suit alleges Mississippi high school is holding mandatory religious assemblies

The American Humanist Association (AHA) has filed suit against Northwest Rankin High School in Mississippi, challenging the school’s reportedly recent mandatory student assemblies that presented a Christian message as a violation of the separation of church and state.

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Federal appeals court upholds New Mexico district’s ban on student distribution of rubber doll fetuses

The U.S. Court of Appeals for the Tenth Circuit ruled that a New Mexico school district’s decision to ban students from distributing rubber doll fetuses on campus as part of the students’ anti-abortion activities did not violate the students’ First Amendment free speech or free exercise of religion rights, or their Fourteenth Amendment equal protection rights.

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Ohio district removes portrait of Jesus from school citing litigation costs

Jackson City Schools in Ohio has removed a portrait of Jesus that has hung in Jackson Middle School since 1947 because of concerns about the potential costs of a federal lawsuit against its display.

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Massachusetts’ highest court to hear arguments on whether Pledge of Allegiance violates state constitution

Lowellsun.com reports that in February 2013, the Massachusetts Supreme Judicial Court has solicited the submission of amicus (friend of the court) briefs from those who have a strong interest in, or views on, the subject of the constitutionality of the Pledge of Allegiance in schools, but are not a party in the lawsuit.

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Federal district court upholds most of Arizona statute prohibiting race-related curricula; strikes down one section

A federal district court in Arizona has granted the state’s motion for summary judgment, dismissing the plaintiffs’ claims that a particular statute, which limits school districts’ ability to provide certain race-related curricula, violates their First Amendment speech rights and Fourteenth Amendment due process and equal protection rights.

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Pennsylvania federal district court allows suit over Ten Commandments monument on school grounds to proceed

A federal district court has denied a Pennsylvania school district’s motion to dismiss a suit brought by the Freedom From Religion Foundation challenging the constitutionality of a Ten Commandments display on the premises of a public junior high school.

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Federal appellate court upholds injunction permitting distribution of Pennsylvania student’s Christmas party invitation

A three-judge panel of the U.S. Court of Appeals for the Third Circuit has ruled that a Pennsylvania elementary school student is entitled to a preliminary injunction barring a school district from enforcing its materials distribution policy that prohibits the student from distributing to classmates flyers produced by a local church promoting a Christmas party.

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