Crosby-Ironton school district adopts new free speech policies

CROSBY (AP) -- The Crosby-Ironton school board has adopted new policies meant to protect free speech and student gatherings, after the district was sued for allegedly violating the rights of two student Bible study group leaders.

The students, Jonathan Friesner and Katie Hodges, alleged that the principal at Crosby-Ironton High School refused to allow them to circulate fliers advertising a prayer gathering at the school's flagpole last September unless the word "prayer" was changed to "praise" and any Biblical quotations were deleted. It also says he blocked them from publicizing their Bible study meetings.

A lawyer for the district, Gloria Olsen of Minneapolis, said Tuesday she didn't know if the policies were a specific response to the lawsuit, but that the new rules "absolutely" should satisfy the students' concerns.

Olsen said the policies are consistent with the federal Equal Access Act, which is designed to ensure that student religious activities get the same access to public school facilities as secular student activities, and with model rules on free speech developed by the Minnesota School Boards Association.

"The district has every intent to comply with the Equal Access Act and students' constitutional rights to free speech, and we hope these policies make this very clear," Olsen said. "Hopefully this is a closed matter and a resolved issue."

The two students are represented by the Alliance Defense Fund. Gary McCaleb, an attorney for the Scottsdale, Ariz.-based advocacy group, said he hadn't had a chance to closely review the new policies but said he would do so "with great interest."

One of the two policies adopted Monday night says students have First Amendment rights to express themselves on school property, including the right to distribute printed fliers. But it allows administrators leeway to block material if it is obscene or libelous, if it advocates violence or other illegal conduct, or there is a "clear and present likelihood" it would disrupt school activities.

Printed material still has to be submitted to the school principal, who will have one day to either approve distribution or say in writing why permission was denied. Students can appeal to the superintendent if their material is rejected.

The other policy says it aims to implement the Equal Access Law by opening up school facilities for students who want to hold meetings for religious, political, or philosophical purposes during non-instructional times.

McCaleb said it was too early to tell whether they would drop the lawsuit as a result of the new policies. He also said he needed to hear formally from the district and its lawyer. But he said the point of the lawsuit was to protect his clients' rights. "We're not out to litigate for the sake of litigation," he said.

The district had not been formally served with the lawsuit by Tuesday, although it was filed in federal court in Minneapolis last Wednesday. McCaleb said the district would likely be served this week despite the new policies.