News & Media

Court grants ADF motion for preliminary injunction, orders school officials to lift pro-life speech ban

HARRISONBURG, Va. — A federal judge Friday granted ADF attorneys’ motion for a preliminary injunction on behalf of a silenced pro-life student.  Frederick County Public School officials barred Millbrook High School student Andrew Raker from distributing pro-life leaflets outside of class time during the school day on the Pro-Life Day of Silent Solidarity, a national student-led, pro-life event organized by Stand True.

“The First Amendment fully protects the right of students to express their pro-life views,” said ADF Legal Counsel Matt Bowman.  “It is unlawful for school officials to prohibit expressions when they occur in a non-disruptive manner.  We are pleased that our client and other students will not have their pro-life speech curtailed while this case moves forward.”

On Oct. 24, Raker wore pro-life clothing and distributed postcard-size fliers in support of the Pro-Life Day of Silent Solidarity.  He was pulled from class the following day by Millbrook’s principal and told his literature distribution would no longer be permitted because other students could object or view the material as religious. The school later informed Raker of an unwritten, unpromulgated policy requiring pre-approval of literature distribution before and after school and banning it even at lunch time.

After ADF filed suit, the school district created a policy and disclosed it four days before the injunction hearing.  At the hearing, Judge Samuel G. Wilson expressed intense disapproval at the school’s decision to ban pro-life leafleting during the school day, even where no disruption was involved.  “You’re trying to cut off written forms of communication.  It’s almost inconsistent with what school is all about,” the judge said.  “They’re not prisoners there.  They’re students. There’s academic discourse going on."

In the opinion issued today, Wilson wrote, “In light of the fact that the school has neither alleged, nor demonstrated that the prohibited ‘speech’ would cause a disruption in the operation of the school and because the scope of the policy is patently unreasonable due to its overbreadth, the court finds that the challenged provision is unconstitutional and therefore will preliminarily enjoin its enforcement.”

ADF attorneys filed the complaint and motion for preliminary injunction on Dec. 21.

“A school official’s objection to ‘controversial’ speech and non-disruptive leafleting by students cannot trump the protections the First Amendment provides to students,” Bowman said.

 

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.