United States Third Circuit

In a free speech, establishment, and equal protection action, district court judgment in favor of defendant is affirmed where: 1) the school's restriction of the parent's speech in a presentation to an elementary school classroom was not unreasonable, as educators may appropriately restrict forms of expression in elementary school classrooms to preserve the school's educational goals, and parents of public school kindergarten students may reasonably expect their children will not become captive audiences to an adult's reading of religious texts; and 2) the school's actions do not violate the Establishment Clause, as they were motivated by a permissible purpose to comply with the Establishment Clause, they do not evidence hostility toward plaintiff's faith, and they are not excessively entangled with religion.

Appellate Information

• Argued 05/05/2008
• Decided 06/01/2009
• Published 06/01/2009

Judges

• Before:  SCIRICA, Chief Judge, BARRY and HARDIMAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Jason P. Gosselin, Esquire (Argued), J. Freedley Hunsicker, Jr., Esquire, Jarrod D. Shaw, Esquire, Katherine L. Villanueva, Esquire, Drinker, Biddle & Reath, Philadelphia, PA, Attorneys for Appellant., David A. Cortman, Esquire, Alliance Defense Fund, Lawrenceville, GA, Attorney for Amici Curiae-Appellant, Alliance Defense Fund and Pennsylvania Family Institute.


• For Appellees:
  
• Mark A. Sereni, Esquire (Argued), DiOrio & Sereni, Media, PA, Ellis H. Katz, Esquire, Jonathan P. Riba, Esquire, Sweet Stevens Tucker & Katz, New Britain, PA, Attorneys for Appellees., James M. Beck, Esquire, Diane S. Danoff, Esquire, Dechert LLP, Philadelphia, PA, Attorney for Amicus Curiae-Appellees, The Anti-Defamation League., Marc D. Stern, Esquire, American Jewish Congress, New York, NY, Attorney for Amicus Curiae-Appellees, The American Jewish Congress., Jeffrey I. Pasek, Esquire, Cozen & O'Connor, Philadelphia, PA, Attorney for Amicus Curiae-Appellees, The Jewish Social Policy Action Network., Edward B. Schwartz, Esquire, Charles B. Wayne, DLA Piper, Washington, D.C., Ayesha N. Khan, Alex J. Luchenitser, Americans United for Separation of Church and State, Washington, D.C., Attorney for Amicus Curiae-Appellees, Americans United for Separation of Church and State., Emily J. Leader, Esquire, Pennsylvania School Boards Association, Mechanicsburg, PA, Attorney for Amicus Curiae-Appellees, Pennsylvania School Boards Association., Francisco M. Negron, Jr., Esquire, National School Boards Association, Alexandria, VA, Attorney for Amici Curiae-Appellees, National School Boards Association and Pennsylvania School Boards Association.