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
College & Workforce Readiness Webinar
Smarter Tools, Stronger Outcomes: Empowering CTE Educators With Future-Ready Solutions
Open doors to meaningful, hands-on careers with research-backed insights, ideas, and examples of successful CTE programs.
Content provided by Pearson
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
Professional Development Webinar
Recalibrating PLCs for Student Growth in the New Year
Get advice from K-12 leaders on resetting your PLCs for spring by utilizing winter assessment data and aligning PLC work with MTSS cycles.
Content provided by Otus
School Climate & Safety Webinar Strategies for Improving School Climate and Safety
Discover strategies that K-12 districts have utilized inside and outside the classroom to establish a positive school climate.

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 The Stark Divide in the States Recouping K-12 Grants Cut by Trump's Ed. Dept.
A fifth of lawsuits challenging Trump admin. education policies have come from multistate coalitions.
8 min read
Students sit on bleachers after science, technology, engineering and mathematics activities, facilitated by the Kentucky Science Center, in Simpsonville Elementary School, Nov. 18, 2025, in Simpsonville, Ky.
Students sit on bleachers after STEM activities facilitated by the Kentucky Science Center at Simpsonville Elementary School in Simpsonville, Ky., on Nov. 18, 2025. The school district serving Simpsonville is one of nine in north-central Kentucky that was able to hire new school counselors with the help of a federal grant that the Trump administration terminated last year.
Jon Cherry/AP
Law & Courts Full Appeals Court Signals Openness to Ten Commandments Classroom Laws
The full 5th Circuit seemed sympathetic to unblocking two laws requiring Ten Commandments displays.
5 min read
Ten Commandments Texas 25322117067170
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Monday, Nov. 17, 2025. A federal appeals court appears open to reviving blocked Ten Commandments school laws in Louisiana and Texas.
AP Photo/Eric Gay
Law & Courts Parents Ask Supreme Court to Restore Ruling on Gender Disclosure
Parents asked the U.S. Supreme Court to intervene over school gender-identity policies in California.
4 min read
A group of California parents has asked the nation's highest court to reinstate a federal district court decision that said parents have a federal constitutional right to be informed by schools of any gender nonconformity and social transitions by their children. The Supreme Court building is seen on Jan. 13, 2026, in Washington.
A group of California parents has asked the nation's highest court, whose building is shown on Jan. 13, 2026, to reinstate a federal district court decision that said parents have a federal constitutional right to be informed by schools of any gender nonconformity or social transition by their children.
Julia Demaree Nikhinson/AP
Law & Courts Supreme Court Signals Support for State Bans on Trans Girls in Sports
The U.S. Supreme Court weighed Idaho and West Virginia laws that bar transgender girls from sports.
7 min read
Becky Pepper-Jackson holds hands with her mother Heather Jackson outside the Supreme Court after arguments over state laws barring transgender girls and women from playing on school athletic teams on Jan. 13, 2026, in Washington.
Becky Pepper-Jackson holds hands with her mother, Heather Jackson, outside the U.S. Supreme Court after arguments over state laws barring transgender girls and women from playing on female athletic teams on Jan. 13, 2026, in Washington.
Julia Demaree Nikhinson/AP