Law & Courts

Appeals Court Backs School in Anti-Abortion Club’s Flyer Dispute

By Mark Walsh — August 15, 2025 3 min read
Students for Life of America hold a rally at Supreme Court with multiple members of Congress the night before the court is hearing Dobbs v. Jackson Women's Health Organization, Nov. 30, 2021.
  • Save to favorites
  • Print

A federal appeals court has upheld an Indiana school district’s decision to limit the scope of flyers that a “Students for Life” club could post on school walls to only time and place details for meetings, excluding broader anti-abortion messaging.

A unanimous three-judge panel of the U.S. Court of Appeals for the 7th Circuit, in Chicago, rejected a claim on behalf of the club’s founder, a 9th grader at Noblesville High School, that the school’s decision violated her First Amendment free speech rights.

“This is not a case about tolerating private student speech,” the court said in its Aug. 14 decision in E.D. v. Noblesville School District. “Instead, it is a case about whether the school must lend its resources (here, literally its walls)—and, by extension, its authority—to disseminate student messages.”

The school had a neutral restriction on the type of information that student clubs could include on flyers posted on school walls, such as the name of the club and the date, time, and location of meetings. The rule applied to roughly 70 student clubs, which included Young Republicans, Young Democrats, a Gender and Sexuality Alliance, and a Black Student Union.

That policy passed muster under a key U.S. Supreme Court decision that allows school administrators to regulate messages that might be interpreted as coming from the school, the 7th Circuit panel said.

“Excluding political content, in particular, serves the pedagogical goal of maintaining neutrality on matters of political controversy,” said Judge Nancy L. Maldonado, a President Joe Biden appointee.

Flyer templates provided by a national anti-abortion group

The case involves a student identified in court papers as E.D., who entered Noblesville High in 2021 with a goal of forming a student chapter of Students for Life of America, a national anti-abortion group.

The student raised money, found a faculty adviser, and got the high school principal to approve the club. E.D. emailed the assistant principal two templates for flyers offered by the national group, which said, “Pro-life students, it’s time to meet up!” and included stock photos of young people holding signs that said “I am the pro-life generation” and “Defund Planned Parenthood.”

The assistant principal replied that those flyers would violate the school’s guidelines. Club members could discuss those statements at meetings, but the flyers could not be posted on school walls, she said.

The student and her mother later met with the dean of students to raise the issue again. That meeting prompted the principal and assistant principal to conclude E.D. was circumventing the earlier decision, and that her mother was improperly involved in a student-run club.

The principal suspended the Students for Life club, but reinstated it a few months later at the start of the second semester. That action led to a separate claim in E.D.’s lawsuit, which the 7th Circuit rejected.

The principal did not base the suspension on the club’s views, the court said, but on his conclusion that E.D. had sought to bypass the assistant principal’s decision and because the involvement of her mother was inappropriate.

Seen are the flyer templates from Students for Life of America (SFLA) that are included in the E.D. vs Nobelsville School District, after the school refused to let the student distribute as part of recruiting for a pro-life club on school campus.

Flyers have ‘a literal stamp of approval’ of a school official

As for the flyers, the 7th Circuit analyzed the case under the Supreme Court’s 1988 decision in Hazelwood School District v. Kuhlmeier. In that case, the court upheld a school administrator’s decision to remove stories on teen pregnancy and divorce from a high school newspaper, ruling that school officials could exercise editorial control over student speech in school-sponsored expressive activities as long as their actions were “related to reasonable pedagogical concerns.”

Maldonado said because E.D. sought to display her flyers on school walls and bulletin boards where other school-sponsored messages appear, “they could reasonably be perceived as bearing the school’s imprimatur.”

Every student flyer at the school “must bear a faculty member’s initials for approval—a literal stamp of the school’s authority,” the judge said.

The school’s rule barring political messages was related to reasonable pedagogical concerns, she said.

“Flyers promoting a polarizing political slogan (‘Defund Planned Parenthood’) and bearing an administrator’s initials alongside school-sponsored postings could mislead observers into thinking the school endorses that view,” Maldonado said.

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
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
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
Artificial Intelligence Webinar
Beyond Teacher Tools: Exploring AI for Student Success
Teacher AI tools only show assigned work. See how TrekAi's student-facing approach reveals authentic learning needs and drives real success.
Content provided by TrekAi
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
Building for the Future: Igniting Middle Schoolers’ Interest in Skilled Trades & Future-Ready Skills
Ignite middle schoolers’ interest in skilled trades with hands-on learning and real-world projects that build future-ready skills.
Content provided by Project Lead The Way

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 Supreme Court Backs Parents in School Gender Disclosure Fight
The Supreme Court restored an injunction blocking California policies on student gender transitions
8 min read
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender in November 2025. A policy on the issue in the city’s elementary school district is the subject of a federal class-action lawsuit in which a judge just sided against the district.
Teacher’s aide Amelia Mester, wrapped in a Pride flag, urges Escondido Union High School District not to have employees notify parents if they believe a student may be transgender at a meeting in November 2025. Two parents and two teachers from the district sued in 2023, challenging California state guidance concerning student gender transitions and parental notification. The U.S. Supreme Court has now reinstated a lower-court decision overturning those state policies.
Charlie Neuman for The San Diego Union-Tribune/TNS
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