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ADF attorneys notch another free speech victory for silenced pro-life student

Officials agree to let students communicate pro-life message at Gowana Middle School in Clifton Park, N.Y.
Published On: 10/18/2017

ALBANY, N.Y. — ADF attorneys backing a middle school student barred from expressing pro-life views on campus have reached an agreement with school district officials.  In an agreement ratified by the federal court, school officials must permit the student to wear expressive pro-life clothing and distribute pro-life leaflets to his classmates on a day near Jan. 22, the anniversary of the Roe v. Wade abortion decision.  The school had previously censored the student during the “Pro-Life Day of Silent Solidarity,” organized by Stand True.

“Under the First Amendment, pro-life students are entitled to the same free-speech rights as anyone else,” said ADF Legal Counsel Matt Bowman.  “We are pleased school officials recognized the unconstitutionality of their actions toward this student, who will now be allowed to communicate his message without fear.”

The student’s mother phoned the office of Shenendehowa Central School District’s superintendent at least a week before the Pro-Life Day of Silent Solidarity in October and spoke with a representative about her son’s plans in connection with the event.  School officials never informed the mother that her son’s participation would violate any school or district policy.

Yet on Oct. 24, 2006 the school principal told the student to turn his pro-life shirt inside out and cease distribution of fliers.  The principal allegedly stated, “Students shouldn’t be thinking about issues like that at your age.”  In a school-wide announcement, the principal demanded that all students who received a flier forfeit them to school officials.  School officials had previously permitted students to communicate freely on other controversial issues.

ADF attorneys filed suit in the U.S. District Court for the Northern District of New York in M.G. v. Bush on Jan. 3

“It is unconstitutional for school officials to quash non-disruptive student expression simply because they disagree with the viewpoint,” Bowman said, “The school district has done the right thing in finally agreeing to allow this student to peacefully express his pro-life views.”

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.