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Powhatan Student
Files Suit in Federal Court
Seeking an Injunction to Obtain
The Same Treatment For Her Christian Club
As Those Given to Other Clubs
Powhatan Student
Files Suit in Federal Court
to Prohibit School from Censoring Her
Religious Speech
On November 17, 1999, a federal lawsuit was filed by a Powhatan High School Student for
violations of her First Amendment rights to speech and religion. After Powhatan High
School rejected the application of the student-led club and local chapter of Fellowship
for Christian Athletes, to be permitted to have a youth pastor speak to the club on the
topic of "Christian growth," a Powhatan student has sued seeking an injunction
to protect her First Amendment rights to speech and religious freedom.
Civil Rights Attorney Thomas H. Roberts stated that "the U.S. Supreme Court has
made it clear that schools like Powhatan High School are not permitted to discriminate
against student clubs simply because of their religious activities or viewpoints. The
Supreme Court made that clear in Rosenberger v. Rector and Visitors of the University
of Virginia, 115 S.Ct. 2510, 2516 (1995) where it ruled the University was required to
pay the publication expenses of a student Christian newspaper in accordance with its
general policy of funding student newspapers."
The Supreme Court in Lambs Chapel v. Center Moriches Union Free School
District, 408 U.S. 384 (1993) held that a school which allows after-hours access to
its facilities to a wide variety of public organizations cannot deny that same access to
religious groups.
The lawsuit also accuses the principal of the school of censoring the clubs
speech by restricting and editing the description of the club which they submitted to be
published in a directory by the Student Council Association. The student claims that the
school removed detailed Christian references describing the clubs purpose.
The schools action is a denial of the right of free speech and would risk
fostering a pervasive bias or hostility to religion, which could undermine the very
neutrality the Establishment Clause requires. If there is any fixed star in our
constitutional constellation, it is that no official, high or petty, can prescribe what
shall be orthodox in politics, nationalism, religion, or other matters of opinion.
# # #
Contact:
Thomas H. Roberts, Esq.
Thomas H. Roberts & Associates, P.C.
105 S. 1st Street
Richmond, Virginia 23219
(804) 783-2000
(804) 783-2105
The facts and circumstances of each case are unique and
therefore the fact that a law firm has obtained significant verdicts and results
in other cases in no way guarantees that other cases will have similar results.
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