SCOTUS Agrees with 9th Circuit: School District Cannot Ban Religious Flyers
by Jim Brown and Jody Brown
January 26, 2004
(AgapePress) - A pro-family attorney is praising the U.S. Supreme Court for letting stand a lower-court ruling that an Arizona school district cannot bar the distribution of Christian flyers.The Supreme Court recently declined without comment to review a ruling that the Scottsdale Unified School District discriminated against Joseph Hills and violated his free-speech rights. In 2000, the district banned his flyers advertising Christian summer camps after receiving complaints from parents about the flyers' religious overtones.
In the flyers, Hills -- president of an organization called "A Little Sonshine from Arizona" -- was promoting 19 different camp classes such as wood-working and dance. Included were two religious classes titled "Bible Heroes" and "Bible Tales." Even though the district had initially approved Hills' request to distribute the flyers, it reversed its decision when a parent complained -- and then flip-flopped several times even after Hills added a disclaimer stating the district was neither endorsing nor sponsoring his organization.
Eventually Hill was told he could not distribute the flyers unless he removed entirely the descriptions of the Bible classes and other religious references. He declined to do so, opting instead to sue for violation of his First Amendment rights of free speech and free exercise of religion. In May, the Ninth Circuit ruled against the school district, which then appealed to the Supreme Court.
Attorney Gary McCaleb with the Arizona-based Alliance Defense Fund says the ruling from the Ninth U.S. Circuit Court of Appeals in Hills v. Scottsdale Unified School District was based on well-established high court principles and vindicated his client's constitutional rights.
"The Ninth Circuit very plainly pointed out that the school's correct rule in these situations is simply to teach the students about the First Amendment and why we tolerate different views, including religious views, in our society. The school should stop acting as censors -- and that's something that is long past due in our society."
The attorney explains that Hills suffered financially because of the school district's censorship. He says Hills filed for bankruptcy shortly after being denied access because he was unable to run his summer camp.
"It's been a long haul for Mr. Hills. [The case has] had a tremendous impact on him," McCaleb says, adding that, in his opinion, the camp operator remained a "a tremendous Christian witness" throughout the court battle. "He stood for principle throughout it all. [He is] a remarkable gentleman -- and I think a lot of other Christians owe him a debt because he stood for everybody's rights when he spoke out."
McCaleb believes one reason the Supreme Court did not take the case was that it objected to certain dicta issued by the Ninth Circuit Court.
Also involved in the litigation in Hills v. Scottsdale Unified School District were the American Center for Law and Justice and the Center for Arizona Policy.
