Wednesday, March 13, 2013

schools - speech, religion - Tinker v. Schooo District

K.A. v. Pocono Mtn. School District – 3d Cir. – March 13, 2013

K.A. was a fifth-grade student at the Barrett Elementary Center of the Pocono Mountain School District (the ―School District‖), who was prohibited from distributing invitations to her classmates to a Christmas party at her church.

Her father filed suit on K.A.‘s behalf, alleging that the School District had violated her First and Fourteenth Amendment rights. The District Court, applying the test announced in Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), and finding no evidence that distribution of the invitations would threaten a ―substantial disruption‖ of the school environment or interfere with the rights of others, id. at 514, granted K.A.‘s motion for preliminary injunctive relief.
For the following reasons, we will affirm the District Court.