Saturday, December 23, 2006

Pro-Life Student Sues Virginia School for Prohibiting Abortion Fliers

by Steven Ertelt
LifeNews.com Editor

Harrisonburg, VA (LifeNews.com) -- A pro-life student prevented from distributing pro-life literature during a national pro-life day for students has filed a lawsuit against the Virginia school that limited his free speech rights. Andrew Raker was censored for distributing pro-life leaflets on campus during the Pro-Life Day of Silent Solidarity.

On October 24, Raker wore a pro-life T-shirt and distributed postcard-size fliers in support of the pro-life day where students take a vow of silence to "speak up" for unborn children killed in abortions.

The following day, he was pulled from class by Millbrook High School’s principal and told that his literature distribution would no longer be permitted because other students might object or consider the materials to be religious in nature.

The principal also threatened to make him remove his pro-life T-shirt and spoke against his desire to start a pro-life group on campus.

Raker has previously distributed literature for years without any disruption or complaints.

Attorneys with the Alliance Defense Fund, a pro-life law firm, filed a complaint and motion for preliminary injunction today against officials of the Frederick County Public Schools on Raker's behalf.

“The free speech rights of Christian and pro-life students do not end at the schoolhouse gate,” said ADF Legal Counsel Matt Bowman.

“Students are capable of freely handing a leaflet to their classmates in a non-disruptive manner. Much ignorance exists about what the Constitution really says about this," Bowman added. "Millbrook’s policy is hostile toward our client’s viewpoint against abortion, and it cannot be allowed to continue.”

After the incident, Raker received a letter from school official J. Richard Plaugher informing him of a policy which had not been circulated to students or parents that requires pre-approval of literature distribution before and after school and bans literature distribution even at lunch time.

The policy contains no standards governing the approval process.

“The First Amendment prevents officials from chilling constitutional speech on campus,” Bowman said.

"Regardless of whether school officials agree with Mr. Raker’s views, they cannot abolish his and other students’ First Amendment rights when they step onto campus," he concluded.

ADF attorneys filed their complaint in the U.S. District Court for the Western District of Virginia in Raker v. Frederick County Public Schools. A hearing on the preliminary injunction motion is scheduled for Jan. 12 at 10 a.m. EST in Harrisonburg before Judge Samuel G. Wilson.

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