Law & Courts

High Court Declines to Hear Case on Pupil’s Use Of Religious Images

By Andrew Trotter — May 02, 2006 | Corrected: May 09, 2006 2 min read
  • Save to favorites
  • Print

Corrected: A previous version of this story misspelled the name of the judge who wrote the previous decision in the case. He is Guido Calabresi of the U.S. Court of Appeals for the 2nd Circuit.

The U.S. Supreme Court last week declined to review a case in which educators at a New York school restricted religious viewpoints that a student expressed in a class assignment having nothing to do with religion.

The court’s refusal to consider a ruling of the U.S. Court of Appeals for the 2nd Circuit means that public schools in Connecticut, New York, and Vermont, the states covered by the New York City-based appeals court, may not censor a student’s viewpoint on curriculum subjects when it is a response to a school assignment or program, said Mathew D. Staver, the lawyer who represented the student in the case.

Antonio Peck's poster on the environment includes Jesus and a church, along with children depositing trash. His parents' lawsuit alleged that the school censored the religious images.

At issue is a poster that Antonio Peck, who in the spring of 2000 was a kindergartner at McNamara Elementary School in the 5,900-student Baldwinsville, N.Y., school district, made at home with the help of his mother, JoAnne Peck, for an assignment on recycling. His teacher had directed her students to create posters based on a two-month environmental unit; the posters were to be displayed at a school environmental program to which parents would be invited.

The first version of Antonio’s poster featured cutout pictures of Jesus, the Ten Commandments, and other religious images under the heading “The only way to save our world!”

A substitute poster, which Antonio and his mother made after the teacher asked him to revise it to address material learned in class, showed a recycling symbol and children cleaning up trash, but also depicted Jesus and a church.

For the environmental program, school personnel hung Antonio’s poster with those by other pupils but folded it back so the part showing Jesus could not be seen. The boy’s parents sued, claiming a violation of Antonio’s First Amendment rights to free exercise of religion and free speech, and other violations.

A Religious Perspective

A federal district judge in Syracuse dismissed the suit. But in October 2005, a three-judge panel of the 2nd Circuit court unanimously found merit in the family’s free-speech claim.

“The district court overlooked evidence that, if construed in the light most favorable to the Pecks, suggested that Antonio’s poster was censored not because it was unresponsive to the assignment, and not because [the teacher and school principal] believe that JoAnne Peck rather than Antonio was responsible for the poster’s content, but because it offered a religious perspective on the topic of how to save the environment,” U.S. Circuit Judge Guido Calabresi wrote.

Distinguishing a student’s expression of a “religious viewpoint,” which may be constitutionally protected speech, from a student’s unprotected “religious proselytizing,” can be hard, the judge said.

But whether Antonio’s poster showed a “religious viewpoint,” and whether the school would have similarly censored a poster that depicted a purely secular image that was equally outside the scope of the lessons, were disputed factual questions that should be resolved in a trial, Judge Calabresi wrote.

In its petition to the Supreme Court, the Baldwinsville district argued that the appeals court’s decision “perilously tied the hands of public school educators within its jurisdiction.”

The Supreme Court on April 24 declined without comment to hear the district’s appeal in Baldwinsville School District v. Peck (Case No. 05-899). The case will now return to the district court for further proceedings.

A version of this article appeared in the May 03, 2006 edition of Education Week as High Court Declines to Hear Case On Pupil’s Use of Religious Images

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Bridging the Math Gap: What’s New in Dyscalculia Identification, Instruction & State Action
Discover the latest dyscalculia research insights, state-level policy trends, and classroom strategies to make math more accessible for all.
Content provided by TouchMath
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
Belonging as a Leadership Strategy for Today’s Schools
Belonging isn’t a slogan—it’s a leadership strategy. Learn what research shows actually works to improve attendance, culture, and learning.
Content provided by Harmony Academy
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Appeals Court Allows Louisiana Ten Commandments Displays to Proceed
The court said it was premature to rule on the constitutionality of La. Ten Commandments displays.
3 min read
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Thursday, Oct. 16, 2025.
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Oct. 16, 2025. A federal appeals court has lifted a lower-court injunction blocking a Louisiana law that requires Ten Commandments displays, clearing the way for the law to take effect.
Eric Gay/AP
Law & Courts Social Media Companies Face Legal Reckoning Over Mental Health Harms to Children
Some of the biggest players from Meta to TikTok are getting a chance to make their case in courtrooms around the country.
6 min read
Social Media Kids Trial 26050035983057
Meta CEO Mark Zuckerberg leaves court after testifying in a landmark trial over whether social media platforms deliberately addict and harm children, on Feb. 18, 2026, in Los Angeles.
AP Photo/Damian Dovarganes
Law & Courts Supreme Court Strikes Trump Tariffs in Case Brought by Educational Toy Companies
Two educational toy companies were among the leading challengers to the president's tariff policies
3 min read
Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson.
Members of the U.S. Supreme Court sit for a new group portrait following the addition of Justice Ketanji Brown Jackson, at the court building in Washington, Oct. 7, 2022. On Feb. 20, 2026, the court ruled 6-3 to strike down President Donald Trump's broad tariff policies, ruling that they were not authorized by the federal statute that he cited for them.
J. Scott Applewhite/AP
Law & Courts Mark Zuckerberg Quizzed on Kids' Instagram Use in Landmark Social Media Trial
The Meta chief testified in a court case examining whether the company's platforms are addictive and harmful.
5 min read
Meta CEO Mark Zuckerberg arrives for a landmark trial over whether social media platforms deliberately addict and harm children, Wednesday, Feb. 18, 2026, in Los Angeles.
Meta CEO Mark Zuckerberg arrives at a federal courthouse in Los Angeles on Feb. 18, 2026. Zuckerberg was questioned about the features of his company's platform, Instagram, and about his previous congressional testimony.
Ryan Sun/AP