Center Files Lawsuit Against Arlington Public Schools

The Center filed a lawsuit yesterday against Arlington Public Schools (APS) in Virginia. The lawsuit was brought after APS refused to distribute informational fliers to high school students for a community outreach organization called Parents and Friends of Ex-Gays and Gays (PFOX).

APS distributes fliers for a variety of community organizations. The school district's flier distribution policy in fact states that "[a]pproval is normally given to materials submitted from non-profit organizations in Northern Virginia." Surprisingly, APS's policy provides absolutely no criteria to guide school officials in determining whether to approve or disapprove a particular flier.

The law in the Fourth Circuit regarding flier distribution at public schools is particularly well-established. The Fourth Circuit in Child Evangelism Fellowship v. Montgomery County Public Schools I, 373 F.3d 589 (4th Cir. 2004) (subscription required), held that Montgomery County's refusal to distribute Child Evangelism Fellowship's flier was viewpoint discriminatory. Then last year, in Child Evangelism Fellowship v. Montgomery County Public Schools II, 457 F.3d 376 (4th Cir. 2006) (subscription required), the Fourth Circuit held that Montgomery County's second attempt at a flier policy was also unconstitutional because it failed to provide criteria to guide school officials in reviewing fliers.

Regardless of what one may think of PFOX, the law is clear.