4th Circuit rules (again) in favor of the Good News Club

[Greg Baylor]

The first appeal addressed (and resolved) the question whether school
distribution of Good News Club fliers violated the Establishment Clause.
The second appeal did not, instead focusing on whether MCPS's somewhat
peculiar new flier distribution policy violated the Free Speech Clause.  I
suspect that this explains why numerous groups participated in the first but
not the second appeal.
 
Greg Baylor
CLS

  _____  

From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Ed Brayton
Sent: Friday, August 11, 2006 4:41 PM
To: Law & Religion issues for Law Academics
Subject: Re: 4th Circuit rules (again) in favor of the Good News Club


Greg Baylor wrote: 

This dispute has been to the Fourth Circuit twice.
 
In the first appeal, Americans United for Separation of Church and State,
the ACLU of the National Capitol Area, the ACLU Foundation of Maryland, the
Anti-Defamation League, People for the American Way, the National Education
Association, the National School Boards Association, the Maryland
Association of Boards of Education, the National Parent Teacher Association,
the American Association of School Administrators, and Montgomery Soccer
filed amicus briefs supporting Montgomery County Public Schools.
 
In the second appeal, the National School Boards Association and the
Maryland Association of Boards of Education filed an amicus brief supporting
the school district.



Interesting. Does anyone know why the change? Did the ACLU, PAW and AU feel
that the new policy from the school board resolved the constitutional
questions?

Ed Brayton

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