CONTACT ADF MEDIA RELATIONS:
Today's lesson:
student to wear T-shirt with religious message
Federal court rules in favor of student
and grants permanent injunction
sought by ADF-allied attorneys
The
"The Constitution does not permit censorship based upon what someone
thinks 'might' happen," said ADF-allied attorney Rick Nelson of the
American Liberties Institute based in Orlando, Fla. "The court has done the right thing by
protecting our client's ability to exercise his First Amendment right to wear
his T-shirt if he so chooses."
Nixon wore a black T-shirt with white lettering to school as a seventh grade
student at
According to the opinion issued today by U.S. District Court Judge George Smith
in the case, Nixon v. Northern Local
School District Board of Education, "there is no evidence that James'
silent, passive expression of opinion interfered with the work of Sheridan
Middle School or collided with the rights of other students to be let
alone. Therefore, the Court rejects
defendants' assertion that James' T-shirt invaded on the rights of
others."
"Other students' mere disagreement with the message on James' T-shirt is
not enough to
outweigh James' constitutional
right to free expression," Smith added.
The full text of the court's opinion and order can be read at www.telladf.org/UserDocs/NixonOpinion.pdf.
"There was no legally acceptable basis for the school's actions;
therefore, the court rightly declared its treatment of James
unconstitutional," Nelson explained.
"This is an important victory for the free religious expression
rights of students in
ADF is also involved in a similar lawsuit in
ADF is