Published: January 16, 2007 09:52 am      

Student wins right to hand out pro-life fliers at school

CRESSON — A 16-year-old student – blocked once from distributing anti-abortion materials – has won the limited right to distribute pro-life fliers at Penn Cambria High School.

A lawsuit settlement allows sophomore Sarah Hollen to distribute the materials only before and after school and during lunch.

Hollen also must submit the materials she plans to distribute 24 hours in advance to ensure school policies on obscenity, libel and disrupting the school order are not violated.

Details were worked out in an amicable settlement of a federal lawsuit that Hollen and her mother, Theresa Shaffer, filed against the school district in U.S. District Court in Johnstown.

Hollen and her attorneys, the Alliance Defense Fund, had said the girl’s free-speech rights were violated when she was blocked from distributing the materials Oct. 27. The ADF filed notice with the court Monday to withdraw the suit.

School Solicitor David Andrews said Monday that Penn Cambria admits no liability and paid no money to the girl or her mother.

The agreement specifically prohibits the distribution of the fliers in classrooms during the school day, he said.

School Superintendent Mary Beth Whited denied Hollen’s free-speech rights had been violated.

Rather, Hollen had violated school policy by not having the principal review her materials before distribution and by attempting to distribute them in classrooms, Whited said.

Under the district’s equal access policy, Hollen will be allowed to form a student pro-life club that can meet – as other nonschool clubs open to students do – before or after school on school property, Andrews said.

Neither Hollen nor her mother could be reached for comment.

ADF attorney Matt Bowman said, in a statement, “First Amendment rights are not null and void for students on a public school campus.

“We are pleased Sarah will now be entitled to the same privileges enjoyed by other individuals and groups on campus.”

The girl had contended that she had obtained permission from an assistant principal to pass out the materials, but later was told to stop because they were controversial and might start a fight.

Her attorneys had requested an injunction because Hollen wants to be able to hand out the fliers on Monday, the 34th anniversary of the U.S. Supreme Court’s decision in Roe v. Wade, which legalized abortion.

“We will be sitting down with the student prior to the requested date to go over the policy,” Whited said.

Andrews said that Penn Cambria recognizes that students have some free-speech rights and that he encourages students to be interested in social and political issues.

He previously had noted that the girl has been able – without district interference – to regularly wear to school sweatshirts and T-shirts with pro-life messages.

During the settlement negotiations, the ADF did not raise the issue of whether Sarah and her friends would attempt to wear duct tape over their mouths, as they did Oct. 25 in observance of the third annual ProLife Day of Silent Solidarity organized by a national group known as Stand True. They were told to remove the tape.



The Associated Press contributed to this story.