A federal appeals court rejected a pro-life student’s claim that an Indiana school district violated her First Amendment rights when it suspended the freshman’s Students for Life club and vetoed flyers with slogans like “Defund Planned Parenthood.”
In its ruling last Thursday, the 7th U.S. Circuit Court of Appeals upheld a previous decision from a lower court that sided with Noblesville High School leaders. The student in question, known as E.D. in the complaint, sued the district, claiming that her club’s suspension and rejection of her flyers were driven by “hostility” to her views.
The school claimed to have a policy requiring wall postings for student clubs to be content-neutral, and that it had asked E.D. to revise the flyers to comply with the rules. This rule applies to other student clubs, the school argued, including Young Republicans, Young Democrats, a Gender and Sexuality Alliance club and a Black Student Union club.
“The record shows that school officials approved (the student’s) club, reasonably accommodated her speech, and suspended the club only for neutral, conduct-related reasons,” Judge Nancy Maldonado, a Biden appointee, wrote in the Aug. 14 ruling.
In response to the appeals court ruling, Students for Life of America President Kristan Hawkins argued that school districts appear more willing to accommodate organizations that uphold certain perspectives over pro-life groups.
“It’s extraordinary how in the woke environment over the last few years, schools have accommodated kids dressed up like animals and every kind of club imaginable, and yet we are still fighting for the rights of pro-life students to be heard,” Hawkins told The Christian Post.
“The case continues because the Pro-Life Generation supports those students working to share their love of preborn babies and their concern for their friends, targeted by a predatory abortion industry,” the pro-life leader continued.
In response to an inquiry from CP, Marnie Cooke, a spokesperson for Noblesville Schools, said that the school supports students in “forming clubs they’re passionate about,” adding that it has dozens of student-led clubs that “represent a wide range of interests, activities, and beliefs — including a Students for Life club.”
E.D. obtained permission to start a Students for Life of America chapter at Noblesville High School in 2021. The student used a template provided by the organization to create flyers to advertise the club’s first meeting.
While the template contained several blank spaces for students to write information about their respective clubs, the template also included photos of individuals holding signs that stated, “Defund Planned Parenthood” and “I Am the Pro-Life Generation.”
Administrators at the school reportedly told the student that she would have to revise the flyer and remove the photos, and that she could only include information about the club meeting.
According to court documents, the school became concerned that the pro-life club was not entirely student-led after E.D.’s mother, Lisa Duell, accompanied her daughter to a meeting with Dean of Students Jeremy Luna. During the meeting, E.D. re-raised the issue of the flyers, with Luna later telling Principal Craig McCaffrey that he felt that the student’s mother had led the conversation.
The principal later suspended the chapter as an approved student club due to what he described as an “attempt at insubordination led by an outside adult advocating with the student.” However, McCaffrey said that E.D. could reapply in January 2022, which she did, and the club was then reinstated.
Both parties reached an agreement to allow the pro-life club to continue operating as the student’s lawsuit moved through the courts.
In December 2021, Hawkins commented on Charitable Allies, Inc., of Indianapolis, filing a lawsuit against the Noblesville School District and the high school. The lawsuit also named several school employees who allegedly posted defamatory statements about the student online, calling her “bigoted” and “misogynistic.”
“The degree to which adults in authority attempted to intimidate a high school freshman is astonishing,” Hawkins said at the time. “Noblesville High School officials went all out to ensure that a minor girl could not speak in their presence about her love for mothers and their children, born and preborn, and that she would keep quiet at school.”
“Parents in Noblesville must surely be concerned about school officials turning using media to attack a pro-life girl,” the pro-life leader stated. “Is this a pattern of behavior for Noblesville school officials, using the press to attack community members who share a different point of view? Viewpoint discrimination is unconstitutional in Indiana and nationwide.”
Samantha Kamman is a reporter for The Christian Post. She can be reached at: samantha.kamman@christianpost.com. Follow her on Twitter: @Samantha_Kamman
