Feb 2, 2005
Christine, a student at Driftwood Middle School in Hollywood, Florida, took flyers to school to pass out to her friends. The flyers were invitations to hear a Christian youth speaker at her church, were not offensive and would not cause a disruption. As Christine was handing out the flyers between classes, a teacher saw her and told her she could not distribute the flyers unless she complied with the District Policy, or she would be "written up."
The District Policy required all students to submit literature to a school administrator for approval before distributing the literature to fellow students. The Policy contained no standards to govern the discretion of the administrator in determining whether to allow or prohibit literature distribution. Worse yet, the Policy contained no time limits for granting or denying a request to distribute literature, thereby allowing an administrator to effectively deny a student's right to free speech by not acting on the request. The new Policy cures these defects by placing a strict time limit on a school administrator's response to a request to distribute literature. The new Policy also prevents an administrator from denying a request to distribute literature simply because of disagreement with the literature.
Mat Staver commented, "The District's old Policy lacked guidelines and thus allowed for blatant censorship of religious viewpoints, even to the point of prohibiting a student from distributing an invitation to her church. Students do not shed their right of free speech at the schoolhouse gate. Therefore, schools must be governed by strict standards in responding to a request to distribute literature. The District's new Policy protects students' rights by limiting the ability of a school administrator to prohibit student literature distribution. I am pleased to see that the School District has agreed to respect the First Amendment rights of its students."