Donna Kay BUSCH, In Her Individual Capacity and as the Parent and Next Friend of Wesley Busch, A Minor
v.
MARPLE NEWTOWN SCHOOL DISTRICT; Marple Newtown School District Board of Directors; Robert Mesaros, Superintendent of the Marple Newtown School District; Thomas Cook, Principal of Culbertson Elementary School
Donna Kay Busch, Appellant.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued May 5, 2008.
Filed: June 1, 2009.
As Amended June 5, 2009.
Attorney(s) appearing for the Case
Jason P. Gosselin, Esquire (Argued), J. Freedley Hunsicker, Jr., Esquire, Jarrod D. Shaw, Esquire, Katherine L. Villanueva, Esquire, Drinker, Biddle & Reath, Philadelphia, PA, Attorneys for Appellant.
Mark A. Sereni, Esquire (Argued), DiOrio & Sereni, Media, PA, Ellis H. Katz, Esquire, Jonathan P. Riba, Esquire, Sweet Stevens Tucker & Katz, New Britain, PA, Attorneys for Appellees.
David A. Cortman, Esquire, Alliance Defense Fund, Lawrenceville, GA, Attorney for Amici Curiae-Appellant, Alliance Defense Fund and Pennsylvania Family Institute.
James M. Beck, Esquire, Diane S. Danoff, Esquire, Dechert LLP, Philadelphia, PA, Attorney for Amicus Curiae-Appellees, The Anti-Defamation League.
Marc D. Stern, Esquire, American Jewish Congress, New York, NY, Attorney for Amicus Curiae-Appellees, The American Jewish Congress.
Jeffrey I. Pasek, Esquire, Cozen & O'Connor, Philadelphia, PA, Attorney for Amicus Curiae-Appellees, The Jewish Social Policy Action Network.
Edward B. Schwartz, Esquire, Charles B. Wayne, DLA Piper, Washington, D.C., Ayesha N. Khan, Alex J. Luchenitser, Americans United for Separation of Church and State, Washington, D.C., Attorney for Amicus Curiae-Appellees, Americans United for Separation of Church and State.
Emily J. Leader, Esquire, Pennsylvania School Boards Association, Mechanicsburg, PA, Attorney for Amicus Curiae-Appellees, Pennsylvania School Boards Association.
Francisco M. Negron, Jr., Esquire, National School Boards Association, Alexandria, VA, Attorney for Amici Curiae-Appellees, National School Boards Association and Pennsylvania School Boards Association.
Before: SCIRICA, Chief Judge, BARRY and HARDIMAN, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
SCIRICA, Chief Judge.
Plaintiffs, who are mother and son, bring free speech, establishment, and equal protection claims against Defendants, who are school officials and the school district. These claims stem from an elementary school's restriction of the mother's effort to read aloud from scripture to students in her son's kindergarten classroom as part of a curricular "show and tell" type activity...
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