Student’s Right to Invite Schoolmates to Church Christmas Party Vindicated

Independence Law Center hails decision in favor of elementary school student

PITTSBURGH — The U.S. Court of Appeals for the Third Circuit ruled unanimously on Tuesday in favor of a student whose invitations to a church Christmas party, while in the 5th grade, were singled out and prohibited even though other student invitations were permitted.

One would have thought that this issue could have been worked out once the Pocono Mountain School District’s administration was made aware of the selective censoring of a student’s speech. However, the school district in K.A. v. Pocono Mountain School District argued before the District Court and again at the Court of Appeals that its policy was constitutional. The Court of Appeals disagreed, finding that the school district and its policies unconstitutionally suppressed student expression.

“We are grateful that the Third Circuit has affirmed the right of student expression,” said Randall Wenger of the Independence Law Center, one of the student’s attorneys.

“Public schools should encourage, not shut down, the free exchange of ideas,” said David Cortman of Alliance Defending Freedom who argued the case before the Third Circuit. “Those ideas include a 5th-grader’s invitations to a religious event. The 3rd Circuit was correct in striking down the school district’s unconstitutional ban.”

The Independence Law Center is a pro-bono, non-profit law center in Pennsylvania focused on protecting religious liberty.

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