The 3rd Circuit has upheld a New Jersey school district's ban on religious music during holiday concerts, saying the policy does not violate students' First Amendment right to free expression. A parent had argued that the court should follow three other circuit courts that upheld school districts' decisions to allow religious music at holiday concerts. But three 3rd Circuit judges said such a result "is far different from holding that the First Amendment compels a school district to permit religious holiday music."
December 01, 2009 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The 3rd U.S. Circuit Court of Appeals on Nov. 24 upheld a New Jersey school district’s ban on religious music during holiday concerts, saying the policy does not violate students’ First Amendment right to free expression.
A three-judge panel upheld U.S. District Judge William Walls’ grant of summary judgment dismissing a suit against the ban under 42 U.S.C. §1983.
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