Federal judge rules school cannot bar student from wearing pro-life shirt

Jan 11, 2006 / 22:00 pm

A federal judge has ruled that a high school principal cannot prohibit a student from wearing his pro-life shirt in school.

Judge Elfvin of the Western District of New York signed a permanent injunction ordering Fillmore Central High School, located in Fillmore, N.Y., to allow the student to wear his pro-life shirt to school.

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Mich., represented the student, assisted by the American Catholic Lawyers Association, which acted as local counsel.

“The ruling is clear — public schools don’t have the right to silence the pro-life speech of students,” said Richard Thompson, chief counsel of the Thomas More Law Center.

The student’s shirt is distributed by the American Life League’s Rock for Life group and displayed the message: “Abortion is Homicide. You will not silence my message. You will not mock my God. You will stop killing my generation. Rock for Life.”

Fillmore Principal Kyle Faulkner told the student that he could not wear his shirt in school and sent him home for the day.

The student contacted the Thomas More Law Center, which attempted to amicably resolve the dispute by sending a letter to school officials explaining that students have a First Amendment right to peacefully express their views at school.

However, after school officials refused to acknowledge the student’s right to free speech, the Thomas More Law Center filed a lawsuit against his school.

Judge Elfvin issued a preliminary injunction Sept. 6, ruling that the student’s First Amendment rights had been violated, and ordered the school to allow him to wear his pro-life shirt to school until the lawsuit was resolved.

This past December, Judge Elfvin permanently ordered the school to allow the student to wear clothing that expresses his pro-life message. The judge also ordered the school district to pay the student nominal damages. The judge awarded a total of $24,600 in attorneys’ fees to the two law firms.

Julie Shotzbarger, trial counsel with the Thomas More Law Center, who handled the case, commented, “Students at Fillmore were allowed to wear all manner of shirts, including rock band shirts depicting bloody skulls, and shirts promoting sex, yet this public school singled out our client to silence his peaceful pro-life message.”