The first appeal addressed (and resolved) the question whether school distribution of Good News Club fliers violated the Establishment Clause.  The second appeal did not, instead focusing on whether MCPS's somewhat peculiar new flier distribution policy violated the Free Speech Clause.  I suspect that this explains why numerous groups participated in the first but not the second appeal.
 
Greg Baylor
CLS


From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Ed Brayton
Sent: Friday, August 11, 2006 4:41 PM
To: Law & Religion issues for Law Academics
Subject: Re: 4th Circuit rules (again) in favor of the Good News Club

Greg Baylor wrote:
This dispute has been to the Fourth Circuit twice.
 
In the first appeal, Americans United for Separation of Church and State, the ACLU of the National Capitol Area, the ACLU Foundation of Maryland, the Anti-Defamation League, People for the American Way, the National Education Association, the National School Boards Association, the Maryland Association of Boards of Education, the National Parent Teacher Association, the American Association of School Administrators, and Montgomery Soccer filed amicus briefs supporting Montgomery County Public Schools.
 
In the second appeal, the National School Boards Association and the Maryland Association of Boards of Education filed an amicus brief supporting the school district.

Interesting. Does anyone know why the change? Did the ACLU, PAW and AU feel that the new policy from the school board resolved the constitutional questions?

Ed Brayton
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