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Students' efforts to start Pro-Life club stalled

The First Amendment to the U.S. Constitution contains a mere 45 words, but virtually billions of words have been written to explain how far the Founding Fathers intended to go to ensure the fundamental freedoms specified in these carefully crafted words.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."The First Amendment has been invoked in a complaint sent to the Parkland Area School District in South Whitehall Township, Lehigh County, protesting the refusal of school administrators to allow formation of a Pro-Life student club at Parkland High School.The students, senior Elizabeth Castro and junior Grace Schairer, claim they were told by an administrator that the proposed club is political and controversial.The Thomas More Society, famous for its support of religious liberty in such suits as the famous Hobby Lobby case that went before the U.S. Supreme Court three years ago, has sent a demand letter to Parkland Superintendent Richard Sniscak and two high school administrators putting them and the district on notice that if they do not rescind the ban, the group will sue on behalf of the students.While the district acknowledged receiving the letter, its representative said there would be no additional comments for the time being. Presumably school officials and the board of education will need to consult with their legal adviser to determine what to do next.The society letter noted that the school permits other political and controversial organizations, such as the Gay Straight Alliance and the Political Science clubs, so the precedent has already been established. Even more important, the society added, the law protects the right of the students to engage in their First Amendment rights. The society also said the district is in violation of the Equal Access Act.The Pennsylvania American Civil Liberties Union agrees with the society. This is reminiscent of when the ACLU sent a demand letter in 2009 to the Palmerton Area School District after administrators suspended students who came to school wearing T-shirts that said "Property of PHS" and had the student ID number. By wearing these prison-type shirts, the students were objecting to the adoption of a newly initiated dress code. After receiving the ACLU letter, the district allowed the students to make up missed work and remove any references to the suspension from the students' official records. And, oh, yes, they could wear those T-shirts if they wanted.The ACLU also intervened on behalf of two middle school students in the Easton Area School District in 2010 after they wore "I Love Boobies" bracelets in support of breast cancer awareness and refused to remove them when ordered to do so by middle school administrators who claimed they were lewd and obscene. A state court and federal appeals court disagreed, finding that the girls had a First Amendment right to wear the bracelets, and, even though the bracelets may have titillated hormonal middle school boys, they did not rise to the threshold of lewdness or obscenity. The district appealed all the way to the U.S. Supreme Court, which refused to hear the case and let the lower court ruling stand."As a club, our purpose is to create a life-affirming culture at our school, educate our peers on the issue of life, hold diaper drives to support pregnant and parenting students, and become a voice for those who cannot speak for themselves," Parkland student Elizabeth Castro said in a statement.The students said they conformed to the rules for forming a club, even lining up an adviser, which is mandatory, but, in the end, the proposed club was still rejected.This news story has captured the attention of many national news organizations, even the ultraconservative Breitbart Report, whose former executive chair was Steve Bannon, now chief White House strategist for President Donald Trump. The headline on the Breitbart Report article read: "High school censors pro-life club: too 'controversial,' 'political.' "We urge the Parkland district to reconsider its decision and allow this club, just as it should allow a pro-choice club to form if students were to support one. One of the fundamental principles of a well-rounded education is to keep an open mind about all legitimate forms of legal expression, even controversial ones. In doing so, students do not have to agree or participate, but at least they have the opportunity to listen, learn and to come to a conclusion about how they feel about important issues.By Bruce Frassinelli |

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