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Fourth Circuit Victory in Flier Distribution Case

The U.S. Court of Appeals for the Fourth Circuit held today that the Montgomery County (MD) Public Schools violated the constitutional rights of Child Evangelism Fellowship by refusing to distribute its informational fliers to elementary school students on the same terms as secular community groups. Christian Legal Society's Center for Law & Religious Freedom represents CEF in the case.

The school district has long refused to distribute fliers announcing CEF's Good News Clubs. On behalf of CEF, the CLS Center filed suit in January 2003. CLS and CEF prevailed on appeal to the Fourth Circuit in June 2004.

Before final resolution of the case, MCPS changed its policy. The new policy purported to comply with the First Amendment but nonetheless excluded CEF. The Center amended the complaint and moved ahead. The district court found no constitutional violation in the new policy, and the Center appealed. Today, the appeals court held that the school district violated CEF's constitutional rights by refusing to distribute CEF's fliers.

Center Special Counsel Kimberlee Wood Colby presented argument to the Fourth Circuit. CLS member attorney H. Robert Showers of Simms Showers in Leesburg, Virginia, also represented CEF in this case.  The Alliance Defense Fund provided partial funding.

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