first amendment

Article from Thrun Law Firm 

FEDERAL COURT DEFERS TO PARENTS WHEN IT COMES TO PLEDGE OF ALLEGIANCE

The Sixth Circuit Court of Appeals recently ruled that
a student's First Amendment speech rights were not violated
when a Michigan elementary school principal denied the
student's request to sell candy canes containing a religious
message. Curry v School Dist of the City of Saginaw, 2008
US App LEXIS 881 (January 16, 2008), affirming 452 F
Supp 2d 723 (ED Mich, 2006).
The issue, as articulated by the Sixth Circuit, was
"whether an elementary school student has a First Amendment
right to promote an unsolicited religious message

Guidance on Constitutionally Protected

Prayer in Public Elementary and Secondary Schools

This page last modified—February 20, 2003

Introduction

While the Pledge of Allegiance may be recited in public schools, schools may not require students to recite, salute, or stand for the Pledge. Unless a student affirmatively tries to interfere with the recitation of the Pledge of Allegiance, any student wishing to remain quietly in his or her seat should be allowed to do so. A student should not be punished or sent out of the room for exercising his or her right not to recite the Pledge.

Thrun, Maatsch and Nordberg, P.C.
SCHOOL LAW NOTES
October 25, 2001

Recent Court Rulings on Student T-Shirts

Tinker Meets Marilyn Manson, ICP and
Hank Williams, Jr.
T-shirts bearing the likenesses of Marilyn Manson, Insane Clown Posse, and Hank Williams, Jr. have been subject to recent federal court litigation involving public schools in Ohio, Indiana, and Kentucky. While the bans against the Marilyn Manson and Insane Clown Posse t-shirts were upheld, the Hank Williams, Jr. t-shirt case was remanded to the trial court for additional proceedings.