Pro-life club appeals decision in free speech suit against high school

Oral arguments were held last week in the case of the Noblesville High School chapter of Students for Life, which sued its Indiana school district for allegedly free speech violations.

The case is now being heard in the 7th U.S. Circuit Court of Appeals after a lower court sided with the district.

The lawsuit centers on the school administration’s decision to derecognize the newly formed pro-life club immediately after the group began operating. “School officials derecognized the group because the student sought permission to post flyers that administrators found objectionable,” wrote Alliance Defending Freedom (ADF), which is representing the students before the court. 

“Students don’t lose their First Amendment right to free speech when they walk into a school building,” stated Mathew Hoffmann, ADF legal counsel. 

“This isn’t just about a flyer; this is about a school telling a high-schooler that she can’t publicly express messages that are important to her. School officials punished the student because she sought to share flyers that expressed pro-life messages.” 

Within weeks of receiving administrative approval to form the group, the student leading the club’s efforts was denied permission to display posters containing basic pro-life messages, such as “I Reject Abortion,” “Defund Planned Parenthood,” and “I Am the Pro-Life Generation.” 

The school claimed that the decision to revoke the club’s approved status was based on the student’s mother acting as a chaperone at meetings with male school administrators so her daughter would not be alone with them. According to one school administrator, the mother’s presence caused him to no longer be “confident that this club is a student-driven club.” 

Hoffmann says it was really about the pro-life messages. 

“While other student groups at the school are allowed to express messages that are important to them, this club was specifically punished because of the messages on the flyers,” Hoffmann said. “We are urging the court to recognize the free speech rights of all students, not just those who agree with the opinions of school officials.” 

Kristan Hawkins, president of Students for Life of America, the parent organization of the student club bringing the lawsuit, spoke out in support of the Noblesville High School students.  

“The district court’s decision discourages parents and weakens First Amendment protections by insisting that a temporary loss of rights is nothing to worry about. But students do not lose their First Amendment right to freedom of speech at the schoolhouse gate,” said Hawkins after the lower court decision against the students. 

A decision on the appeal could be reached by the end of the year.