Legal Issue(s): Free Religious Exercise, Free Speech
Court: U.S. Supreme Court
Case Status: Pending
Center's Role: Amicus
Case Description
E.D., a student at Noblesville High School in Indiana, wanted to start a pro-life club at her school called Noblesville Students for Life, a chapter of Students for Life of America. She followed all the requirements to officially start her club as a student interest group, including securing a faculty sponsor, submitting a club questionnaire, and meeting with her principal ahead of time to discuss the club. The principal approved the club, and at the school’s fall activities fair shortly thereafter, more than 30 students signed up for the club.
After the activities fair, E.D. created flyers using a template on Students for Life of America’s website to advertise the club’s first meeting. The flyers included photographs of students holding signs in front of the U.S. Supreme Court reading, “I Reject Abortion,” “Defund Planned Parenthood,” and “I Am the Pro-Life Generation.” When E.D. submitted the flyers, school administrators told E.D. the pictures on the flyers were too “political” and later derecognized her pro-life club.
In December 2021, E.D. filed a lawsuit against Noblesville Schools in federal court alleging the school violated her First Amendment free speech rights and the Equal Access Act. The district court found no constitutional or statutory violations and granted summary judgment to the school district and officials. Plaintiffs appealed, but unfortunately, a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit upheld the district court’s ruling. The court then denied the petition for the full Seventh Circuit to hear the case. E.D. then petitioned the U.S. Supreme Court to review the Seventh Circuit’s decision.
The Center filed an amicus brief with the U.S. Supreme Court on March 4, 2026, in which it urged the Court to hear the case. The Center’s brief asks the Court to clarify that Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988), should be confined to student expression that is legitimately considered part of the school’s curriculum and should not be expanded to justify school districts seeking to broadly control the content of student flyers that should be seen as part of a limited public forum. The brief argues that the correct standard should instead be that of Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), which protects symbolic speech, and that such speech, including photos on flyers, is protected unless it is reasonably forecasted to cause material and substantial disruption of the school or invade the rights of others.
