Schools may not censor student’s work based on its religious content

On October 18, 2005, in Peck v. Baldwinsville Central School District, the United States Court of Appeals for the Second Circuit ruled that a student has a free speech claim if school officials censor the student’s work based on its religious content, but rejected the student’s Establishment Clause claim under current United States Supreme Court precedent.

On April 24, 2006, the United States Supreme Court allowed the Second Circuit ruling to stand.

The federal appellate courts had been divided as to whether public schools are permitted to censor the religious viewpoints of students in class assignments. The Second, Third and Ninth Circuits had answered no, while the First and Tenth Circuits had held that viewpoint discrimination in the curricular context may be permissible. 

Comments are closed.