5stringJeff
Senior Member
2nd Circuit Steps Into Fight Over Jesus Image on Student Poster
Friday October 21, 3:02 am ET
Mark Hamblett, New York Law Journal
The decision of public school officials in Baldwinsville, N.Y., near Syracuse, to obscure an image of Jesus before displaying a child's poster has triggered a legal battle that landed in the 2nd U.S. Circuit Court of Appeals.
The dispute over displaying kindergartner Antonio Peck's poster was not an easy one to unravel for the circuit, as the case forced the court, in the words of Judge Guido Calabresi, to "cut a path through the thorniest of constitutional thickets -- among the tangled vines of public school curricula and student freedom of expression."
While the court was able to produce one holding -- "that a manifestly viewpoint discriminatory restriction on school-sponsored speech is, prima facie, unconstitutional, even if reasonably related to legitimate pedagogical interests," it still had to remand the case of Peck v. Baldwinsville Central School District, 04-4950-cv, for further proceedings before Northern District of New York Judge Norman A. Mordue.
http://biz.yahoo.com/law/051021/672b88fcb36bd960be9ff1170dbafe2f.html?.v=1
Friday October 21, 3:02 am ET
Mark Hamblett, New York Law Journal
The decision of public school officials in Baldwinsville, N.Y., near Syracuse, to obscure an image of Jesus before displaying a child's poster has triggered a legal battle that landed in the 2nd U.S. Circuit Court of Appeals.
The dispute over displaying kindergartner Antonio Peck's poster was not an easy one to unravel for the circuit, as the case forced the court, in the words of Judge Guido Calabresi, to "cut a path through the thorniest of constitutional thickets -- among the tangled vines of public school curricula and student freedom of expression."
While the court was able to produce one holding -- "that a manifestly viewpoint discriminatory restriction on school-sponsored speech is, prima facie, unconstitutional, even if reasonably related to legitimate pedagogical interests," it still had to remand the case of Peck v. Baldwinsville Central School District, 04-4950-cv, for further proceedings before Northern District of New York Judge Norman A. Mordue.
http://biz.yahoo.com/law/051021/672b88fcb36bd960be9ff1170dbafe2f.html?.v=1