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WALZ EX REL. WALZ v. EGG HARBOR TP. BD. OF EDUC.

No. 02-1665.

342 F.3d 271 (2003)

Daniel WALZ, by his Guardian Ad Litem Dana P. WALZ v. EGG HARBOR TOWNSHIP BOARD OF EDUCATION; Dr. Leonard Kelpsh, in his Official Capacity as Superintendent of Egg Harbor Township Schools Daniel Walz, by his Guardian Ad Litem Dana P. Walz, Appellant.

United States Court of Appeals, Third Circuit.

Filed August 28, 2003.

Attorney(s) appearing for the Case

Michael P. Laffey, (Argued), Cassidy, Messina & Laffey, Holmdel, N.J., for Appellant.

Armando V. Riccio, (Argued), Capehart & Scatchard, Mount Laurel, N.J., for Appellees.

Kevin J. Hasson, The Becket Fund for Religious Liberty, Washington, D.C., for Amicus Curiae Appellant, Carol Hood.

Before SCIRICA, Chief Judge, BARRY and SMITH, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

In this appeal, we address whether an elementary school student has a First Amendment right to promote an unsolicited religious message during an organized classroom activity.

I.

Daniel Walz was a student in pre-kindergarten in the spring of 1998. His school, like other elementary schools in Egg Harbor Township, held seasonal, in-class parties several...

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