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1st Amendment and Free Speech/Cross removed from 6thgraders desk

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Expert: - 4/6/2008


Question
My 6th grader was told vy her teacher to remove a small cross which she has along the side of the desk where she sits at. Is this legal?

Answer
Hi Sashi,

I cannot provide specific legal advice in this forum.  However, I will say that generally speaking public school officials cannot prevent students from possessing or showing religious paraphernalia if other students are allowed to have similar non-religious items available.  However, schools may have content neutral rules like no personal items at all on the side of the desk, regardless of content, which would be permitted.

I hope this helps!
- Mike  

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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