A public school district in Marshall, Minnesota settles a federal First Amendment lawsuit prompted by a discriminatory flag display and aggravated by the administration’s illegal squashing of student opposition to the school’s biased agenda. Attorneys from the Thomas More Society filed the suit in April, 2021 in United States District Court for the District of Minnesota representing Marshall Concerned Citizens, an association of Marshall School District employees, volunteers, parents, and students concerned about issues affecting constitutional rights within the district.

“This is an absolute victory for the taxpayers of Marshall, Minnesota,” explained Thomas More Society Special Counsel Erick Kaardal. “The school chose to display controversial symbols and then the middle school administrator unconstitutionally put a chokehold on any opposition, despite that dissent being expressed in peaceable, appropriate, and legal fashion. Taxpayers must be assured that their money does not go to institutions practicing fascist-style tactics against those who exercise their freedom to object.”

The lawsuit revolves around the middle school’s choice to display a controversial lifestyle flag amid a collection of international flags. When students, whose beliefs and heritage were not represented by the chosen flags, were shut down in their bid to be included, parents, employees, and volunteers got involved. Students and adults have been rebuked, disciplined, and threatened for any expression that was critical of the flags hung in the school cafeteria on January 2, 2020. The display of over 20 flags included Asian, African, Latin American, and tribal flags, and a rainbow pride flag promoting lesbian, gay, and other non-traditional lifestyles. It did not include any European flags or those promoting traditional lifestyles or values.

The complaint charged that the Marshall School District, Independent School District No. 413, and the principal of Marshall Middle School violated the students’ right to petition within the public school, primarily by taking possession of the petition and prohibiting students the right to obtain signatures to redress grievances. Another claim was that the school district’s non-curriculum flag display violated constitutionally-required viewpoint neutrality.

The school district’s settlement has committed the school to the removal of the flag display by August 1, 2021, and has bound the district to comply with its stated board policies for all future non‐curriculum projects.

The policies of the school district will also be amended to include a statement that, “Students may circulate or distribute petitions on school property without prior approval of the content of the petition, to the extent the petition does not cause a material and substantial disruption to a school activity.” Also clarified in the policy is the provision that students will not be disciplined for signing such petitions.

“Public education is funded by public tax dollars,” declared Kaardal, “and we are pleased that the Marshall School District has recognized that First Amendment rights do not end at the entrance to the public-school building.”