Ed Brayton is a journalist, commentator and speaker. He is the co-founder and president of 
A school in New Hampshire that has been sued by the Alliance Defense Fund for distributing flyers from community non-profit groups but refusing to do so for religious groups has changed their policy to end all flyer distribution not specifically school-related:
The new policy limits access to students' homebound backpacks to the school itself; school-associated volunteer groups that have been sanctioned by the school board, such as Friends of Music and Alvirne High School boosters; government agencies; and the local parent-teacher organization.The old policy allowed information from those groups, plus "nonprofit community organizations operating in the town of Hudson."
The school knows that the old policy was not going to stand up in court:
Superintendent Randy Bell said lawyers have told him case law is "stacked against" the district in a federal lawsuit over the distribution of fliers advertising a summer Bible school."The attorneys felt that given the open-ended nature of the policy, we might well lose the lawsuit," Bell said.
The Hudson School Board unanimously adopted a policy change Monday night because it has already been sued under the old policy, which regulated the announcements and promotional material sent home with students.
They opted for one of two possible solutions: they either have to allow all non-school community groups to use the distribution system or allow none of them. They cannot discriminate on the basis of religion.
Politics
Comments
The only reasonable choice. The system was ripe for spam abuse. And the idea of using other people's children to deliver your godspam is . . .interesting.
I notice that this very blog is moderated for spam.
Posted by: ppnl | August 28, 2008 10:10 AM
If I were a school administrator that opted for allowing all flyers since I support more speech, not less; could I prohibit flyers I deemed were adult-centric topics? For example, suppose a pro-life or pro-choice group wanted children to take home a flyer about an upcoming protest event they wanted parents and their children to attend and support; I'd want to prohibit either group from distributing this sort of communication if I were administrating a elementary school. Would I have that power while still offering a broad policy for most groups?
Posted by: Michael Heath | August 28, 2008 10:16 AM
Michael: Off the top of my head, I believe the school is allowed to apply an age-appropriate test to such materials, even if the intended audience is parents. In general, school administrators have tremendous leeway in what materials are allowed in their schools; they just can't apply blanket discrimination against some particular class of speech without a valid excuse.
Posted by: kehrsam | August 28, 2008 11:55 AM
Best course. Stop using kids for advertising of anything! Frankly, as pissed off as I'd get seeing my Atheist grandson forced to bring home godspam, I'm none too thrilled to have him bring home fliers for anything. Let the lazies, go out on the street and hand them out themselves instead of using kids as mules.
Posted by: T's Grammy | August 28, 2008 12:44 PM
I think the school made the right decision (even if they did it for the wrong reasons). I don't see why schools should act as distribution centers for advertisements; if "nonprofit community organizations operating in the town of Hudson" want to promote themselves, let them do so on their own damn time! Schools serve other purposes.
Posted by: valhar2000 | August 28, 2008 1:04 PM
I think the school made the right decision (even if they did it for the wrong reasons). I don't see why schools should act as distribution centers for advertisements; if "nonprofit community organizations operating in the town of Hudson" want to promote themselves, let them do so on their own damn time! Schools serve other purposes.
Posted by: valhar2000 | August 28, 2008 1:06 PM
kehrsam! I haven't seen any comments from you in a long time. Maybe I just missed them, but I have missed them. It's good to hear from you again.
Posted by: James Hanley | August 28, 2008 1:06 PM
ditto to Hanley's remarks!
Posted by: Michael Heath | August 28, 2008 1:19 PM
Welcome back to kehrsam as well, one of my favorite commenters. By the way, James, I saw Carl Bajema last night in Grand Rapids.
Posted by: Ed Brayton | August 28, 2008 1:25 PM
In a perfect world schools would take care of school business while all other community institutions and outreaches would take care of their own. But since passion is cheap and politicking's popularity rises as it emulates entertainment, amateur aldermen, and earnest members of school boards just can't resist the need to fiddle with content.
Really, any fliers other than those that address school business are merely advertisements which are, as we all know, designed specifically to get you to give someone else some of your money. Don't these poor kids get enough of this while watching Tee Vee and loitering on MyFaceSpacePlace?
The school's decision is commendable in that it takes away the unwarranted influence of the shrill insistence of those who think they must have access to these fertile young minds simply because some other non-school lechers have access. So, what will we sell to our elementary students next? Retirement plans?
Children have a full plate just growing up and learning how to read and cipher. There will be ample time for them to learn of the crass, self-serving nature of our most trusted institutions. Later.
E Pluribus Unum, even if I do get a bit weary from time to time.
Posted by: Crudely Wrott | August 28, 2008 8:12 PM
Ed, glad you saw Carl. I look forward to meeting him.
P.S. If you do want to come to the meeting, you'll want to pre-register before it's sold out.
And I'm glad to see so many others share my high opinion of kehrsam.
Posted by: James Hanley | August 28, 2008 8:50 PM
Thanks, all, it's good to be home and commenting (and nice to know I was missed). I've been in the hospital for most of the last two months, but am doing much better now.
Posted by: kehrsam | August 29, 2008 1:19 PM