Education Law Insights

Update: Texas Cheerleaders’ Religious Football Banners

Posted by Jackie Wernz on October 25, 2012

In follow up to my previous blog entry, Texas School Bans Cheerleaders’ Religious Football Banners: The Right Choice?, the Texas state court issued its ruling last week. The court ruled that the Kountze cheerleaders could continue to display religious-themed banners at football games. The court agreed with the cheerleaders, their parents, and the Texas Attorney General that the speech was individual speech by the students that could not be stifled by the school. As you may recall, that is not the conclusion I reached in my previous blog post. And I’m not the only source that thinks the ruling is legally questionable. This story is far from over, as the school district may appeal the trial court’s decision to a higher court and, even if it does not, a trial will be held in June on as to whether the school district will be permanently enjoined from prohibiting the banners. For that reason, those who have not read the prior post may still find my legal analysis interesting for learning more about the legal issues underlying this case. Read the post here.

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