Tag Archives: ZZ: K.A. v. Pocono Mountain School District

Matt Sharp at Alliance Defending Freedom: We often underestimate children. We think they understand less than they do and that they are incapable of having their own thoughts or views. Schools often make the same mistake and use a child’s age to justify restrictions on their speech. We have been involved in numerous cases where schools restricted young students from handing out invitations to church events or sharing their faith at school.

Alan Sears at Alliance Defending Freedom: The dangers posed more and more across America to the First Amendment protections of Christians like you – and your children – often show themselves in subtle ways. A small legal bias here, an evasion of religious freedom there, and those who would sideline people of faith gain one more crucial foothold of legal ground they can use to block the spread of the Gospel.

Matt Sharp on IQ 106.9 Philadelphia with Lionel and Michelle Murillo to discuss the case. | MP3 audio 5:57 mins

One News Now: David Cortman is senior legal counsel for Alliance Defending Freedom, which filed the lawsuit in March 2011 on behalf of the Barrett Elementary Center student. “In this day and age, when our younger students are subject to so much that comes from both the school district and outside sources, it’s certainly important that they’re able to speak about their own faith and not be subject to censorship for it,” he states.

Citizen Link: “America’s public schools should recognize the constitutionally protected freedom of students who wish to hand out these kinds of fliers,” said ADF Legal Counsel Matt Sharp. “A flier cannot be banned just because some element of religious faith is part of it. On the contrary, the First Amendment specifically protected religious speech.”

Leonard Blair at Christian Post: In an interview with The Christian Post on Wednesday, Matt Sharp, legal counsel for Alliance Defending Freedom, a conservative Christian legal group based in Scottsdale, Ariz. which represented K.A. and her family, said they were happy with the ruling.
“We were very pleased with the court’s ruling in this. For several years there has been a move in the courts to respect the first amendment rights of students in particular, particularly younger students in elementary and middle school to share their faith at school,” he said.
“What this opens up is not just an invitation to a Christmas party but to any other religious event. It opens the door for K.A. to distribute any religious materials whether it’s an invitation to a church event or something else. As long as it’s done in a manner that doesn’t create a material disruption in school,” added Sharp.

Stoyan Zaimov at Christian Post: “Public schools should encourage, not shut down, the free exchange of ideas,” said Alliance Defending Freedom Senior Counsel David Cortman, who argued before the court in October. “Those ideas include a 5th-grader’s invitations to a religious event. The 3rd Circuit was correct in striking down the school district’s unconstitutional ban.”

Maryclaire Dale at Pocono Record (AP): Alliance Defending Freedom, a conservative Christian legal group based in Scottsdale, Ariz., backed the family’s appeal. “America’s public schools should recognize the constitutionally protected freedom of students who wish to hand out these kinds of fliers,” said Matt Sharp, the group’s legal counsel. “A flier cannot be banned just because some element of religious faith is a part of it. On the contrary, the First Amendment specifically protects religious speech.”

WJACTV.com (AP): Alliance Defending Freedom, a conservative Christian legal group based in Scottsdale, Ariz., backed the family’s appeal.
“America’s public schools should recognize the constitutionally protected freedom of students who wish to hand out these kinds of fliers,” said Matt Sharp, the group’s legal counsel. “A flier cannot be banned just because some element of religious faith is a part of it. On the contrary, the First Amendment specifically protects religious speech.”

The Morning Call: “As the Supreme Court said many years ago, students don’t shed their First Amendment rights at the schoolhouse gate, and that certainly applies to elementary school students as well,” said David Cortman, of Alliance Defending Freedom, a Georgia group that supports religious expression.

MSNBC: Alliance Defending Freedom, a conservative Christian legal group based in Scottsdale, Ariz., backed the family’s appeal. “America’s public schools should recognize the constitutionally protected freedom of students who wish to hand out these kinds of fliers,” said Matt Sharp, the group’s legal counsel. “A flier cannot be banned just because some element of religious faith is a part of it. On the contrary, the First Amendment specifically protects religious speech.”

Examiner.com: Today, Alliance Defending Freedom has announced that the U.S. Court of Appeals for the third Circuit Tuesday unanimously affirmed a lower court’s order that found two policies at a Pennsylvania school district unconstitutional after they were used to prevent a 5th-grade student from distributing invitations to a Christmas party at her church. [more]

The U.S. Court of Appeals for the 3rd Circuit Tuesday unanimously affirmed a lower court’s order that found two policies at a Pennsylvania school district unconstitutional after they were used to prevent a 5th-grade student from distributing invitations to a Christmas party at her church.

Christian Post: DF Senior Counsel David Cortman argued that the U.S. Court of Appeals for the 3rd Circuit should affirm the district court order. There was no decision made by the court during the hearing Wednesday involving the school district. “Public schools should encourage, not shut down, the free exchange of ideas – and that certainly includes a 5th-grader’s Christmas party invitations,” Cortman said. “America’s public schools should recognize the constitutionally protected freedom of religious students who wish to hand out these kinds of fliers. The district court was right to stop this unconstitutional ban on Christmas party invitations. Numerous courts have upheld similar fliers around the country.”

Pocono Record: The Alliance Defending Freedom sued the district in March, claiming the student’s free speech rights were violated because the district has let students hand out fliers for other events, including Halloween parties and even the plaintiff’s younger sibling’s birthday party.

TimesOnline.com (AP): The Alliance Defending Freedom sued the Pocono Mountain School District in March, claiming the student’s free speech rights were violated because the district has let students hand out fliers for other events, including Halloween parties and even the plaintiff’s younger sibling’s birthday party.

lliance Defending Freedom Senior Counsel David Cortman and Legal Counsel Matt Sharp will be available for media interviews immediately following Cortman’s oral argument at the U.S. Court of Appeals for the 3rd Circuit Wednesday in favor of allowing elementary school students to distribute Christmas party fliers at school.

Religion Clause Blog: In K.A. v. Pocono Mountain School District, 2012 U.S. Dist. LEXIS 28749 (MD PA, March 2, 2012), a Pennsylvania federal district court issued an opinion explaining its denial of reconsideration of a previously granted preliminary injunction (2011 U.S. Dist. LEXIS 121250, Oct. 20, 2011) allowing a 5th grader to distribute flyers to her classmates inviting them to a Christmas party sponsored by her church . . .

ADF President and General Counsel Alan E. Sears at the TellADF Blog: It’s the kind of case that’s become all too common in recent years – a public elementary school chiding children for attempting, in even the most gentle, harmless manner, to live out their faith.

Morning Call: Matthew Sharp, an attorney from the Alliance Defense Fund in suburban Atlanta, a group that provides legal defense of religious freedom and represented the Ayers family, did not return a call. Michael Ayers declined to comment.

OneNewsNow.com: “Christian students have positive messages to share with other students that are not only protected by the Constitution, but that should be welcomed in public schools,” notes ADF attorney David Cortman. “The court was right to stop this unconstitutional ban on Christmas party invitations.” Though school officials prohibited invitations to the church party, ADF staff counsel Matt Sharp says they indiscriminately permitted other students to distribute invites to other events . . . [more]

The Republic (AP): The Alliance Defense Fund sued the Pocono Mountain School District in March, claiming the student’s free speech rights were violated.

A federal court issued an order Thursday that prohibits the Pocono Mountain School District from continuing to stop a student from distributing fliers that invite other students to church parties and other religious events.

Christian Institute: In March this year it was revealed that a schoolchild in America was banned from handing out invitations to classmates for a Christmas party held in a church . . . The case was taken up by religious liberty group, Alliance Defense Fund.

Pocono Record: Matt Sharp, an attorney with the Alliance Defense Fund, the Christian attorneys’ organization that filed the March 7 suit on behalf of the student, said the law backs up students’ right to distribute invitations to religious events in schools. “Schools have been misinformed that students are supposed to check their religious beliefs at the school door, and that’s not true,” Sharp said.

ADF attorney Matt Sharp appeared on the Raffaele Report: ADF attorneys file suit against Pocono Mountain School District over discriminatory policy barring 5th-grader from inviting schoolmates to church event. | MP3 audio 4:22 mins

One News Now: Matt Sharp, litigation staff counsel with ADF, says his client was treated unfairly. “What’s interesting…is that every other student was allowed to hand out birthday party invitations, Halloween party invitations, even Valentine’s dance and local community groups — a basketball league and a bowling club were allowed to have flyers sent home with students as well,” he points out. “So basically everyone else could invite students to their events — some that you had to pay to attend — but our client was denied from being able to invite students to this free event at her church.”

The Morning Call: “The girl, identified in court papers only by the initials K.A., filed the suit through her father, Michael Ayers. She is represented by lawyers from the Alliance Defense Fund in suburban Atlanta, a group providing legal defense of religious freedom and values.”

ABA Journal: “Other students can hand out fliers for birthday parties, pizza parties, and Halloween parties,” ADF attorney David Cortman said, Fox News reports. According to Cortman, district policies forbid any student speech advertising Christianity.

ADF attorney Matt Sharp appeared on the WPTF with Bill Lumaye to discuss this: Pa. elementary school: Invitations to children’s party OK…unless held at a church. | MP3 audio 6:45 mins

Fox News: District policies, according to attorney ADF David Cortman, prohibit any student speech promoting Christianity. “It’s another example where schools need to be educated about the First Amendment,” Cortman told Fox News Radio. “The policies that are at the heart of this lawsuit are unconstitutional.”

Charisma: “Christian students and churches shouldn’t be discriminated against, censored, and excluded in public schools because of their beliefs,” says ADF Senior Counsel David Cortman. “Disallowing a fifth-grade student’s invitation to a Christmas party just because it takes place at a church is simply unconstitutional, especially when Halloween parties and promotional events for businesses and other community groups indiscriminately receive a free pass.”

TheTimesTribune.com: The suit, which states “students do not shed their constitutional rights at the schoolhouse gate,” asks the court to declare the district’s policies and practices unconstitutional and to award “nominal damages” and pay reasonable attorneys’ fees. It was filed by Randall L. Wenger, a Harrisburg lawyer, and David A. Cortman and J. Matthew Sharp, two Georgia lawyers with the Alliance Defense Fund.

The Republic: “The Alliance Defense Fund sued the Pocono Mountain School District in federal court on Friday, claiming the student’s free speech rights were violated.” | Related ADF press release

Attorneys with the Alliance Defense Fund filed a lawsuit against Pocono Mountain School District officials Friday on behalf of a 5th-grade student who was prohibited from distributing fliers that invited fellow Barrett Elementary Center students to a Christmas party at her church. District policies prohibit any student speech promoting Christianity.

Fox News: District policies, according to ADF attorney David Cortman, prohibit any student speech promoting Christianity.
“It’s another example where schools need to be educated about the First Amendment,” Cortman told Fox News Radio. “The policies that are at the heart of this lawsuit are unconstitutional.”