Banning Fliers About Jesus Violated 4th Grader's Rights

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SYRACUSE, New York (AP) -- A school district violated a fourth-grader's constitutional rights to free speech and equal protection by refusing to allow her to distribute "personal statement" fliers carrying a religious message, a federal judge has ruled.

The Liverpool Central School District in upstate New York based its restrictions on "fear or apprehension of disturbance, which is not enough to overcome the right to freedom of expression," Chief U.S. District Judge Norman Mordue wrote in a 46-page decision Friday.

"School officials had no right to silence Michaela's personal Christian testimony," attorney Mat Staver said Monday.

Staver is executive director of Liberty Counsel, the Orlando, Florida-based conservative legal group that represented Michaela Bloodgood and her mother, Nicole.

Liverpool school district lawyer Frank Miller said the school district was studying the decision and "reviewing its options."

According to the family's 2004 lawsuit, Nicole Bloodgood tried three times to get permission for Michaela to pass out the homemade fliers to other students at Nate Perry Elementary School. The flier, about the size of a greeting card, started out: "Hi! My name is Michaela and I would like to tell you about my life and how Jesus Christ gave me a new one."

Bloodgood's requests to school officials said that her daughter, now a sixth-grader, would hand them out only during "non-instructional time," such as on the bus, before school, lunch, recess and after school.

The lawsuit noted that Michaela had received literature from other students at school, including materials for a YMCA basketball camp, a Syracuse Children's Theater promotion and Camp Fire USA's summer camps.

Liverpool officials said at the time there was "a substantial probability" that other parents and students might misunderstand and presume the district endorsed the religious statements in the flier, according to the lawsuit.

"The court cannot say the danger that children would misperceive the endorsement of religion is any greater than the danger that they would perceive a hostility toward religion as a result of the district's denial," Mordue wrote.

Nicole Bloodgood said Mordue's decision vindicated her daughter and set a strong precedent for protecting students' free speech rights.

"It's taken 2 1/2 years to get justice ... but our prayers were answered," Bloodgood said.
 
A fourth grader's right to free speech in school? Give me a break.

Would these same families be in an uproar if a fourth grader passed out pro-life, homosexual rights, or KKK fliers?

They should if they want to argue the free speech in elementary school route.
 
"Hi! My name is Michaela and I would like to tell you about my life and how Jesus Christ gave me a new one."

Bit young for a fourth grader to have already required 'a new life'.
 
and i love how i have to answer for every person, in every Gay Pride parade, ever.

i don't care. she can do whatever she wants. and she and her family can deal with the bursts of laughter, as well as the perpetuation of stereotypes of Christians as mindless evangelizing drones, they are likely to engender.
 
How wonderful that this little girl learned, at this young age, that she was a filthy sinner.


At least she is saved now.


Why is it appealing to some of you, to let little children live in ignorance?
 
nathan1977 said:

I imagine a fourth grader has rarely ever committed any grave sin of note to fully need some kind of redemption...much the same reason as Deep has laid out.
 
Most fourth graders don't have a mind of their own...I'm guessing that the mother told her that she should pass out these flyers for one reason or another. If this was a middle schooler, or high schooler, I think it would be a different story, but she was in elementary school.

BVS also brings up a good point that if this girl wanted to pass out homosexual rights flyers, I'm guessing that these families would be up in arms against the little girl.
 
i wonder what would happen if she passed around a flyer that said, "Hi! My name is Michaela and I would like to tell you about how much my mommies love me."
 
Well is she has free speech to mention Jesus, any kid should have just as much free speech to talk about their two mommies or two daddies. The only limits I can see would involve hate/hate filled speech, threats, etc. I suppose if people took this as a license for that a court could step in and stop it.
 
MrsSpringsteen said:
Well is she has free speech to mention Jesus, any kid should have just as much free speech to talk about their two mommies or two daddies. The only limits I can see would involve hate/hate filled speech, threats, etc. I suppose if people took this as a license for that a court could step in and stop it.



i agree. she can say whatever she wants.
 
onebloodonelife said:
Most fourth graders don't have a mind of their own...I'm guessing that the mother told her that she should pass out these flyers for one reason or another. If this was a middle schooler, or high schooler, I think it would be a different story, but she was in elementary school.

BVS also brings up a good point that if this girl wanted to pass out homosexual rights flyers, I'm guessing that these families would be up in arms against the little girl.

Exactly. Either she is a wunderkind, or her mother wrote these flyers. I don't think she got the idea to create these flyers, wrote the texts and did all the planning.

The term agenda got some fame here recently, and I think here it fits properly.
But the agenda comes from the mother, not from the girl. It's a propaganda at a place where there should be no place for propaganda, and it aims at children not old enough to comprehend this.

The parents of these children have the right to decide for their children in what they should believe, not another parent.
 
BonoVoxSupastar said:


But free speech is limited on public school grounds, as it probably should be, especially in elementary school.

What would you say if it were a muslim, jew, budhhist. Since they are the minority religions would you stop them from doing this also?

I though everyone had a right to free speech?
 
BonoVoxSupastar said:


But free speech is limited on public school grounds, as it probably should be, especially in elementary school.
'



this part seemed reasonable to me:

[q]Bloodgood's requests to school officials said that her daughter, now a sixth-grader, would hand them out only during "non-instructional time," such as on the bus, before school, lunch, recess and after school.[/q]
 
Justin24 said:


What would you say if it were a muslim, jew, budhhist. Since they are the minority religions would you stop them from doing this also?

I though everyone had a right to free speech?

:huh: Why would it differ if it were a minority religion?

The fact is that 4th graders have limits to their free speech on public school grounds, as does everyone on public school grounds.

But if everyone has free speech then you're opening the doors to all kinds of political issues on elementary school campuses. Do you want them passing out pro-choice, gay marriage, or KKK fliers?
 
I agree that it's pretty clear that the parents were behind it, but was it entirely the ideas of the other kids who passed out the fliers promoting a YMCA basketball camp, a Syracuse Children's Theater promotion and Camp Fire USA's summer camps? Does the school think that is some sort of implied endorsement on its' part of all of those, or is it the fact that it involves religion that makes them "nervous"? Doesn't the C in YMCA stand for Christian, if you wanted to take it to that extreme?

If Christianity related fliers are allowed by this ruling, obviously any and all other religions would have to be allowed too.
 
Irvine511 said:

this part seemed reasonable to me:

[q]Bloodgood's requests to school officials said that her daughter, now a sixth-grader, would hand them out only during "non-instructional time," such as on the bus, before school, lunch, recess and after school.[/q]

Do you really want to open up full freedom of speech on elementary school busses? Do you want the neighbor kid passing out neo-nazi fliers when there's only one bus driver to break the fights up?
 
Ah, now I understand what that paragraph meant :)

I think there is a difference whether you just promote a summer camp or a YMCA basketball camp (I know YMCA is a Catholic organisation, but as far as I'm aware of it is open to everyone and doesn't pursue its agenda that strongly) or try to convince other children about devoting a large part of their life to something. That should be left to the parents to decide which denomination, or even no denomination, fits to their children, whereas a little promotion for a theater or a summer camp is just a good way to make children and parents aware of spare time programs.

Of course, if the kid passed out the flyers beside the school that's no grounds for the school to get involved.
 
BonoVoxSupastar said:


:huh: Why would it differ if it were a minority religion?

The fact is that 4th graders have limits to their free speech on public school grounds, as does everyone on public school grounds.

But if everyone has free speech then you're opening the doors to all kinds of political issues on elementary school campuses. Do you want them passing out pro-choice, gay marriage, or KKK fliers?

The reason I bring this up, is race or religion seems to be a hot topic amongst us FYMers.
 
Well considering the hate speech that I have heard takes place on at recess and on buses..how much is that controlled and monitored by teachers, drivers? It doesn't have to be in print to be an issue, obviously. Sometimes it seems as if kids have complete and total freedom of speech, if you go by some of the news stories and personal anecdotes that you hear. And what about what kids do on the internet on school property?
 
Justin24 said:


The reason I bring this up, is race or religion seems to be a hot topic amongst us FYMers.

Yeah it's a hot topic, but I haven't seen anyone support freedom of speech of minorities over anyone. In fact I usually see the opposite in here.
 
MrsSpringsteen said:
Well considering the hate speech that I have heard takes place on at recess and on buses..how much is that controlled and monitored by teachers, drivers? It doesn't have to be in print to be an issue, obviously. Sometimes it seems as if kids have complete and total freedom of speech, if you go by some of the news stories and personal anecdotes that you hear. And what about what kids do on the internet on school property?

Well obviously not all speech can be monitored, especially that over internet.

But just as my brother got in trouble for calling a girl a booger head in elementary school, I would sure hope the same would go for a racial slur.

But I think there is something more powerful about the written word than just the conversational word on the playground. When passing out fliers there is an agenda taking place, and the word can travel further.
 
BonoVoxSupastar said:


Do you really want to open up full freedom of speech on elementary school busses? Do you want the neighbor kid passing out neo-nazi fliers when there's only one bus driver to break the fights up?



we have freedom of speech to the degree that it is deemed appropriate by school officials. we have to look at each instance on it's own merits. i don't see how this is at all disruptive or offensive to what goes on during school to warrent censorship.

if she had said, "let me tell you about how the redemptive power of Christ can save you from the lake of fire that awaits all those who practice the homosexual lifestyle," then, yes, that would be disruptive and offensive and would probably warrent censorship, as would similarly hateful neo-nazi/KKK fliers.

personally, i think this is frightfully embarassing for the little girl, and i'm sorry her parents think this is a good idea or somehow an effective method of evangelizing. it just furthers stereotypes and probably makes her feel isolated from her classmates.
 
Irvine511 said:




we have freedom of speech to the degree that it is deemed appropriate by school officials. we have to look at each instance on it's own merits. i don't see how this is at all disruptive or offensive to what goes on during school to warrent censorship.

if she had said, "let me tell you about how the redemptive power of Christ can save you from the lake of fire that awaits all those who practice the homosexual lifestyle," then, yes, that would be disruptive and offensive and would probably warrent censorship, as would similarly hateful neo-nazi/KKK fliers.

personally, i think this is frightfully embarassing for the little girl, and i'm sorry her parents think this is a good idea or somehow an effective method of evangelizing. it just furthers stereotypes and probably makes her feel isolated from her classmates.

I understand this. But where does the line of this limited freedom of speech get drawn? Would she have been able to pass out fliers to Fred Phelp's church if it didn't have the hateful "lake of fire homosexual" talk?
 
LJT said:


Bit young for a fourth grader to have already required 'a new life'.

:lol:

No kidding. I thought that first life was supposed to be good for at least 20-25 years. Hell, I expect my kitchen stove to last longer than that. I think God might need to tweak his manufacturing process a bit.
 
BonoVoxSupastar said:


I understand this. But where does the line of this limited freedom of speech get drawn? Would she have been able to pass out fliers to Fred Phelp's church if it didn't have the hateful "lake of fire homosexual" talk?



my guess is that it's up to each individual school to determine what is and what isn't offensive/disruptive -- in my opinion, just the mention of Fred Phelps should be enough to ban the flier, but i'm not a principal. and this is also where parents can come in.

i still think it's really, really weird that she's passing out fliers asking people to ask her about Jesus. if anything, i think the disruption would come not from the fliers, but from the taunting and teasing and the, "what planet are you from," that such activity would probably have engendered in my elementary school.
 
Irvine511 said:
she's passing out fliers asking people to ask her about Jesus

keep in mind this is New York
not Alabama

there is a good chance that the are Jewish children around


this child just wants to share her story :shrug:
Jewish children deserve an opportunity to be saved

Heaven knows their parents won't give them this opportunity.
 
deep said:


keep in mind this is New York
not Alabama

there is a good chance that the are Jewish children around


this child just wants to share her story :shrug:
Jewish children deserve an opportunity to be saved

Heaven knows their parents won't give them this opportunity.



:hmm:

now that's interesting -- does asking people to ask you about being saved by Jesus constitute an affront on other's religions?
 
Irvine511 said:


i still think it's really, really weird that she's passing out fliers asking people to ask her about Jesus.

Yeah, it's very wierd, what is she going to do when asked the tough questions? I mean we have folks in here that claim they've been Christians all there life or are in missionary school and they don't even know the original commandment.

Honestly I just don't think she's mature enough to really know what she's asking people to do, sounds to me like her parents are using her as a pawn in order to get religion in public schools.
 
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