​Cheerleaders Bible Banner Suit Ruling: Constitutionally Permissible

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May 10, 2013
Also: Banner, Bible, Cheerleaders, Cheerleaders Bible Banner Suit, First Amendment, Kountze High School, Suit

Cheerleaders at a Southeast Texas high school can now display Bible versus and banners at football games, a judge has ruled.

But the ruling might not have settled the issue of whether the banners are protected free speech, according to an attorney for the cheerleaders’ school district.

State District Judge Steven Thomas determined the Kountze High School cheerleaders’ banners are constitutionally permissible. In the ruling, Thomas determined that no law “prohibits cheerleaders from using religious-themed banners at school sporting events.”

The Kountze school district had initially said the banners could not be displayed after receiving a complaint about them in September from the Freedom From Religion Foundation. The foundation argued the banners violated the so-called First Amendment Establishment Clause that bars government — or publicly funded school districts in this case — from establishing or endorsing a religion.

Thomas ruled that the establishment clause does not prohibit the use of such religious-themed banners at school sporting events.

“This is a great victory for the cheerleaders and now they’re going to be able to have their banners,” said Hiram Sasser, a lead attorney for the Liberty Institute, a Plano, Texas-based nonprofit law firm that represented the cheerleaders.

But Thomas Brandt, the school district’s attorney, argued that Judge Thomas also granted a school district motion in his ruling that says the district can permit the banners under the establishment clause but is not required to do so. Brandt said the motion also says banners are the speech of the school, not private speech, so the school has a right to have editorial control over banners.

Initially, the school district ruled the banners could not be displayed. But after a public meeting in February, the school board of trustees issued a resolution in which it wrote that the district was not required to prohibit messages on school banners that displayed “fleeting expressions of community sentiment solely because the source or origin of such messages is religious.” But the trustees said the district retained the right to restrict the content of school banners.

Brandt said while he has yet to talk to the school district about whether or not it will appeal, it may seek some clarification from the judge on his ruling.

But Sasser said there is no ambiguity in the ruling and that the banners are the cheerleaders’ protected private speech.