In a ruling from the bench following oral argument, Judge Thomas Zilly agreed with attorneys for Pacific Justice Institute that the school’s rule limiting students to the distribution of only literature that was written by themselves or fellow students could not survive First Amendment scrutiny. The rule barred students from distributing copies of the Constitution or the gospel tracts favored by plaintiff Michael Leal. On that basis, the court ordered that Leal’s suspensions be expunged. Meanwhile, the court left in place three other aspects of the school policies that PJI attorneys also challenged.
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