Hills

In this case, we again confront the often confusing intersection of First Amendment rights and the delicate balance which must be struck by our public schools in insuring the right to Free Speech but avoiding endorsement of religion in violation of the Establishment Clause. Striking this balance has never been easy and this appeal demonstrates just how difficult it can be.

Joseph Hills appeals the district court’s grant of summary judgment to defendant Scottsdale Unified School District (the “District”). The District permits nonprofit organizations to distribute literature through its schools, promoting events and activities of interest to students, but prohibits any flyers of a “commercial, political or religious nature.” After some back and forth, the District ultimately refused to distribute Hills’s brochure for a summer camp that included, among nineteen course offerings, two classes on “Bible Heroes” and “Bible Tales.” Application of Supreme Court precedent requires the conclusion that the District discriminated against Hills on the basis of his religious viewpoint, and requires us to hold that the District violated Hills’s First Amendment rights by denying him…