A U.S. District Court for the Middle District of Pennsylvania judge has upheld his initial decision to allow an elementary school student to hand out religious fliers at her school inviting her classmates to a Christmas party at her church.
In ruling on the Pocono Mountain School District’s motion for reconsideration, Judge A. Richard Caputo said he was correct to apply the Tinker standard rather than the forum standard to the case. He also differentiated the case, K.A. v. Pocono Mountain School District , from a 2007 U.S. Supreme Court ruling in Morse v. Frederick that greenlighted punishment of a student who held up a sign at a school function that read “BONG HiTS 4 JESUS.”
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