A.M. v. Taconic Hills Central School District
1:10-cv-00020
N.D.N.Y.Jan 23, 2012Background
- A.M., a minor, sues Taconic Hills Central School District under 42 U.S.C. § 1983 for First Amendment/free speech claims.
- The Moving Up Ceremony on June 25, 2009 included a final sentence that Blessing; A.M. sought to deliver it.
- A.M.’s English teacher and staff advised review by Principal Howard due to religious content.
- Principal Howard reviewed the speech and found the last line too religious; A.M. was asked to remove it.
- Taconic provided the ceremony venue, funding, announcements, programs, diplomas, band music, signage, and equipment.
- The court granted Taconic summary judgment on federal claims and dismissed state-law claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hazelwood applies to school-sponsored speech | A.M.’s speech was not school-sponsored pedagogy. | Ceremony was school-sponsored; Hazelwood governs. | Hazelwood applies; school-sponsored speech may be regulated. |
| Whether Taconic’s removal of the religious sentence was reasonable and non-discriminatory | Restriction was viewpoint discrimination against religious content. | Restriction served to avoid Establishment Clause concerns; reasonable. | Restriction reasonably related to pedagogical-neutral goals; Taconic entitled to summary judgment. |
Key Cases Cited
- Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260 (U.S. 1988) (school-sponsored speech may be regulated to serve pedagogical goals)
- Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (U.S. 1969) (student speech rights are not absolute in schools)
- Rosenberger v. Rector & Visitors of Univ. of Va., 515 U.S. 819 (U.S. 1995) (viewpoint neutrality limitations; schools may avoid endorsing certain views)
- Poling v. Murphy, 872 F.2d 757 (6th Cir. 1989) (school-sponsored activities and pedagogical concerns framing)
