United States Sixth Circuit

The district court erred in finding an Establishment Clause violation based solely on the possibility that elementary school students might misperceive defendant-school's practice of distributing flyers advertising religious activities as the defendant's endorsing religion.

Appellate Information

• Argued 02/04/2004
• Decided 08/12/2004
• Published 08/12/2004

Judges

• Before: BATCHELDER, GIBBONS, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Scott T. Greenwoeed (argued), Jillian S. Davis (briefed), American Civil Liberties Union of Ohio Foundation, Raymond Vasari (briefed), CLeveland, OH, for Plaintiffs-Appelllees., Gregory S. Baylor, Christian Legal Society, Nathan A. Adams, IV (briefed), Center for Law and Religious Freedom, Annandale, VA, for Amicus Curiae., Walter M. Weber (briefed), Jay A. Sekulow (briefed), American Center for Law and Justice, Washington, DC, for Amicus Curiae.


• For Appellees:
  
• Scott C. Peters (argued), David A. Rose (briefed), David Kane Smith (briefed), Britton, Smith, Peters & Kalail, Cleveland OH, for Defendants-Appellants.