Forbidding or Allowing Student Religious Speech

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A recent unpublished case discusses when a school can forbid student religious speech. If the speech is school-sponsored expressive speech, the school has much more leeway to exercise editorial control, needing only to relate the control to "legitimate pedagogical concerns". Also, if the discrimination is content-based rather than viewpoint-based, the restriction is permitted if it is reasonable. The court sided with the school in a recent case, but the student is appealing, arguing that the restriction was viewpoint-based.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Theresa Lynn Sidebotham, Telios Law PLLC | Attorney Advertising

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