Victory for student First Amendment rights and religious speech at N.C. school

Unconstitutional speech policies dropped in wake of ADF lawsuit against Sampson County Board of Education

WILMINGTON, N.C. — In a victory for religious free speech, Alliance Defense Fund attorneys representing a Midway High School student have secured a settlement agreement from officials with the Sampson County Board of Education.  ADF filed suit after student Benjamin Arthurs was suspended for distributing materials outside of class time during the April 27 “Day of Truth” event, which allows students to present a Christian viewpoint on homosexual behavior.

“Christian students should be allowed to express their viewpoint just like any other student,” said ADF Senior Legal Counsel David Cortman.  “School officials do not have the right to prohibit a student’s speech simply because he or she is speaking from a religious point of view.  We are satisfied with this settlement because the district agreed to all of the relief we requested in the lawsuit.”

As part of the settlement agreement, the district:
  • Confirmed that it revised its unconstitutional policies as a result of the preliminary injunction issued by the court.
  • Agreed to permit religious speech, such as “Day of Truth” related speech, in the future.
  • Acknowledged religious T-shirts are permitted at school.
  • Expunged Arthurs’ record of his wrongful suspension.
“This is a victory for Ben and all other students both now and in the future who will not have to face similar unconstitutional actions from the school,” Cortman said.

ADF attorneys filed suit in May 2006 in the U.S. District Court for the Eastern District of North Carolina, Southern Division, in the case Arthurs v. Sampson County Board of Education on behalf of Arthurs, then a sophomore at Midway High School.  In November, ADF attorneys won a preliminary injunction against school and district officials, halting their enforcement of policies prohibiting distribution of “Day of Truth” cards (www.telladf.org/news/story.aspx?cid=3906).

School officials had banned Arthurs from handing out the cards, saying the distribution of religious literature was barred because Arthurs would be “pushing his religion on others” and that “religion is not allowed in school.”

ADF is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation.

www.telladf.org              www.dayoftruth.org